












































































































































































Glass 

Book 












































♦ 


















































































































































, 








. 



. 


























































































































i 




















































































































































MINING LAWS 


OF THE 


STATE OF MONTANA 


1 COMPILED FROM 

THE REVISED CODES OF 1907 

AND 

SESSION LAWS OF 190949 U 

Compiled at the office of the Inspector of Mines 

MINING DEPARTMENT 

WM. WALSH, Mine Inspector WM. OREM, Deputy Inspector 

COAL MINING DEPARTMENT 
JOSEPH B. McDERMOTT, Coal Mine Inspector 

Independent Publishing Company 
1911 





MINING LAWS 


OF THE 


STATE OF MONTANA 


■ 3 vV 2>. 'v'iTvv 


COMPILED FROM 


THE REVISED CODES OF 1907 

AND 


SESSION LAWS OF \909-\9U 


Compiled at the office of the Inspector of Mines 


MINING DEPARTMENT 

WM. WALSH, Mine Inspector WM. OREM, Deputy Inspector 

COAL MINING DEPARTMENT 
JOSEPH B. McDERMOTT, Coal Mine Inspector 


Independent Publishing Company 
\ 9 \\ 








Division 

Division 

Division 

Division 



TABLE OF CONTENTS. 

(See, also, Index at end of Pamphlet.) 

I. Laws Relating- to Metalliferous Mining. 

II. Laws Relating to Coal Mining. 

III. Laws Applicable to Both Quartz and Coal 

Mining. 

IV. Miscellaneous Provisions. 

o. m ®. 

MAY 25 1912 

( 


1 


1 





DIVISION I. 

LAWS RELATING TO METALLIFEROUS MINES. 


Chapter I. 


Inspector of Mines. 


(Revised Codes, Part III, Title VII, Chapter II.) 


Section 1711. 
1712. 


1713. 

1714. 

1715. 

1716. 

1717. 

1718. 

1719. 

1720. 

1721. 


Article III. 

Inspector of Mines—Appointment—Salary. 

Deputy Inspector—Appointment—Qualifications— 
Salary. 

Duties of Inspector—Annual Inspection. 
Complaints—Duties of Inspector. 

Complaints—Notice to Owner. 

Annual Inspection. 

Investigation After Accidents. 

Bond. 

Annual Report. 

To Wliat Mines Act Applicable. 

Penalties. 


. Section 1711. Inspector of Mines—Appointment—Sal¬ 
ary. The Governor, by and with the advice and consent 
of the Senate, must appoint an Inspector of Mines, who 
shall be at least thirty years of age, a resident of Mon¬ 
tana at least one year, who shall be theoretically and 
practically acquainted with mines and mining in all its 
branches, and he shall hold his office for four years unless 
sooner removed by the Governor. No person shall hold 
the position of Inspector of Mines while an employee or 
officer of any mining company or corporation. The In¬ 
spector of mines must devote his entire time to the duties 
of his office, and his salary is two thousand five hundred 
dollars per annum. (Laws of 1909, Chapter 71, p. 94). 

Section 1712. The Governor, by and with the con¬ 
sent of the Senate, must appoint a Deputy Inspector of 
Mines who shall possess like qualifications to those re¬ 
quired of the Inspector of Mines, who shall hold his office 
for four years, unless sooner removed by the Governor. 
No person shall hold the office of Deputy Inspector of 
Mines while an employee or officer of any mining com¬ 
pany or corporation. The Deputy Inspector of Mines 
must devote his entire time to the duties of his office, 


Inspector of 
Mines. 


Qualifications 
and appointment. 


Term of office. 


Salary. 


Deputy Inspector. 


Appointment, 
qualification and 
term of office. 


Not to be officer 
or employee of 
any mine 
operator. 


4 


MINING LAWlS—STATE OF MONTANA. 


Duties and 
Salary. 


Duties of Mine 
Inspector. 


Access to mines 
and assistance to 
be given. 


Notice to owners 
of unsafe condi¬ 
tions. 


May forbid 
operating unsafe 
places. 


Examination of 
mines upon com¬ 
plaint. 


Examination after 
complaint. 


under the supervision and direction of the Inspector of 
Mines, and his annual salary shall be two thousand four 
hundred dollars ($2,400.00) per annum. (Laws of 1911, p. 
128). 

Section 1713. Duties of Mine Inspector—Annual In¬ 
spection. It is the duty of the Inspector of Mines by 
himself or deputy to visit every mine in the State, once 
every year and inspect its workings, timbering,. ventila¬ 
tion, means of ingress and egress, and the means adopted 
and in use for the preservation of the lives and safety 
of the miners employed therein. For this purpose the 
inspector and his deputy at all times shall have access 
to any mine and all parts thereof. All mine owners, 
lessees, operators or superintendents must render such 
assistance as may be necessary to enable the inspector or 
his deputy to make the examination. When upon such 
inspection any mine or portion thereof is found to be in 
an unsafe condition, the inspector shall at once serve a 
notice in writing upon the owner, lessor, lessee, agent, 
manager or superintendent thereof setting forth the nature 
of the defects which render such mine unsafe and the 
point or place in such mine where such defects exist, and 
requiring the repairs necessary to remedy such defects to 
be made within a specified time, and, if in his judgment 
the circumstances so require, he shall forbid the opera¬ 
tion of such mine or portion thereof as has been declared 
unsafe, save and except for the purpose of making the 
repairs necessary for the purpose of remedying such de¬ 
fects and making such mine safe for the laborers em¬ 
ployed therein. 

Section 1714. Duty to Inspect Mines upon Complaint. 

Whenever the Inspector of Mines receives a complaint 
in writing signed by one or more parties setting forth 
that the mine in which he or they are working is danger¬ 
ous in any respect, he or the deputy inspector must in 
person visit and examine such mine. Every complainr 
must set forth the nature of the danger existing at the 
mine and the time the cause of such danger was first ob¬ 
served. 

Section 1715. Notice to Owner of Defects. After such 
complaint has been received by the Inspector of Mines, 
he must, as soon as possible, visit such mine: and if from 


MINING LAWS—STATE OF MONTANA. 


such examination he ascertains that the mine is from any 
cause in a dangerous condition, he must at once notify the 
owner, lessor, or agent thereof, such notice to be in writ¬ 
ing and to be served by copy on such owner, lessor, lessee 
or agent, in the same manner as provided by law for the 
serving of legal process, and the notice must state fully 
and in detail in what particular manner such mine is 
dangerous or insecure, and require all necessary changes 
to be made without delay, for the purpose of making such 
mine safe for the laborers employed therein; and in any 
criminal or civil procedure at law against the party or 
parties so notified, on account of loss of life or bodily 
injury sustained by an employee subsequent to such 
notice and in consequence of a neglect to obey the inspec¬ 
tor’s requirements, a certified copy of the notice served 
by the inspector is prima facie evidence of the gross 
negligence of the party or parties so complained of. if 
the owner, lessor, lessee, or agent of any such mine shall 
neglect or refuse to obey or comply with the instructions 
of this inspector as contained in such notice, or shall 
neglect or refuse to cause the repairs necessary to remedy 
such defect to be made within a reasonable time, or shall 
refuse to cause work to be stopped when so ordered, such 
party or parties so refusing may be prosecuted crimin¬ 
ally by the inspector. 

Section 1716. Annual Inspection—Report. It is the 
duty oi the Inspector of Mines, at least once in each year, 
either in person or by deputy inspector, to visit each min¬ 
ing county in the State, and examine as many of the 
mines in the different counties as practicable, and make 
such recommendations as in his judgment are necessary 
to insure the safety of the workmen employed therein, 
and whenever from his examination, he finds any mine 
to be in an unsafe condition, he shall at once serve a 
notice upon the owner, lessor, lessee, or agent thereof, and 
if such owner, lessor, lessee, or agent fails to comply with 
such notice, he may prosecute them or any of them as 
provided in the next preceding section. 

Section 1717. Investigation After Accidents. When¬ 
ever a serious or fatal accident occurs in any mine it is 
the duty of the person in charge thereof to immediately 


Notice of ' 
dangerous 
condition. 


Copy of notice 
prima facie 
evidence of 
neglect, when. 


Prosecution of 
owner, or others, 
refusing to obey 
instructions of 
inspector. 


Annual inspection 
and 

recommendations. 


Notice of unsafe 
condition. 


Accidents and 
notice to 
inspecto. 


6 


MINING LAWS—STATE OF MONTANA. 


Investigation 
of Accidents. 


Inspector to be 
present at 
coroner’s inquest 
and to testify. 


Coroner to pro¬ 
cure sworn state¬ 
ments, when. 


Prosecution of 
mine operator. 


Official Bond 
of inspector. 


Annual report and 
contents. 


To what mines 
provisions apply. 


notify the Inspector of Mines or the deputy inspector, and 
upon receiving such notice the inspector in person or the 
deputy inspector must at once repair to the place of acci¬ 
dent, and investigate fully the cause of such accident, 
and whenever possible to do so, the inspector or deputy 
inspector shall be present at the coroner’s inquest held 
over the remains of the person or persons killed by such 
accident, and testify as to the cause thereof, and state 
whether, in his opinion, the accident was due to the negli¬ 
gence or mismanagement of the owner or person in 
charge. If the inspector or deputy inspector can not be 
immediately present in case of a fatal or serious acci¬ 
dent occurring, it is the duty of the owner or person in 
• charge of the mine to have written statements made by 
those witnessing the same, and duly sworn to. In case 
no person was present at the time of the accident, then 
the verified statement of those (first present after the 
accident must be taken, and such statement must be given 
to the inspector or the deputy inspector. If after mak¬ 
ing such investigation the inspector deems the facts war¬ 
rant it, he may prosecute criminally the owner, lessor, 
lessee, or agent of the mine in which such accident oc¬ 
curred. 

Section 1718. Bond of Inspector. The Inspector of 
Mines must execute an official bond in the sum of five 
thousand dollars and the deputy inspector must execute 
an official bond in the sum of twenty-lfive hundred dollars. 

Section 1719. Annual Report. The Inspector of Mines 
must make an annual report to the Governor on the first 
Monday of November, and in the report must state all 
the accidents that have occured in the mines of the 
State which have occasioned serious injury or resulted 
fatally, together with the nature and cause of such acci¬ 
dents. Such report must also contain statistical and other 
information which may tend to promote the development 
of the mineral resources of the State, and must set forth 
the result of the inspector’s labors. 

Section 1720. To What Mines Act Applicable. The 
provisions of the Article do not apply to mines in which 
less than five men are employed. But all owners, lessor?,, 
lessees, agents or managers, operating any metalliferous 


MINING LAWS—'STATE OF MONTANA. 


7 


mine in this State in which five or more men are em¬ 
ployed, shall report the same to the Inspector of Mines, 
state the name of the mine, the location of the same, the 
name of the company, person or persons owning or operat¬ 
ing the same, postoffice address and number of men em¬ 
ployed. 

Section 1721 . Penalties. All violations of the provi¬ 
sions of this Article are provided for in the Penal Code, 
Section 8563. 

Chapter 2. 

Code of Signals in Metalliferous Mines. 

Section 1724. Code of Signals in Mines. 

1725. Penalties. 

1726. Fines Paid Into School Fund. 

Section 1724. Code of Signals in Mines. It is made 
the duty of the Inspector of Mines of Montana, and he 
is hereby required to prepare a complete code of signals 
for use in all mines in this State, worked through a shaft 
of 75 feet or more in depth, and employing ten or more 
men, and cause the same to be made known to each 
owner or operator of a mine in Montana by printed cir¬ 
cular instructions to the end that a uniform code of mine 
signals may prevail. The said inspector of mines of Mon¬ 
tana may add to or change such code of signals as cir¬ 
cumstances may require, but no change of signals shall 
go into effect until a time specified by him, not less than 
sixty days nor more than ninety days from the time such 
change shall be ordered by him; provided, that the code 
of signals first prepared by him shall be used in all said 
shaft mines from and after June 1, 1895. 

Section 1725. Penalty for Violation of Act. Any owner 
or operator of a mine who shall refuse or neglect to cause 
the signals provided for in Section 1724 of this Act to be 
used in his mine to the exclusion of all other signals, shall 
be deemed guilty of a misdemeanor and upon conviction 
of such refusal or neglect, shall be fined in a sum not less 
than one hundred dollars nor more than five hundred dol¬ 
lars, or by imprisonment in the county jail for a period of 
not less than thirty days or more than ninety days in the 
discretion of the court, for each and every offense. 


Duty of operators 
to give notice. 


Duty of inspector 
to prepare code 
of signals. 

To be used, 
when. 


May change code. 


Penalty for re¬ 
fusing to use 
code of signals. 


8 


MINING LAWlS—STATE OF MONTANA. 


Disposition of 
fines collected. 


Prescribed code 
of signals for 
quartz mines. 


Section 1726. Fines Paid Into School Fund. All fines 
which may be collected under the provisions of this Act 
shall be paid into and form a portion of the public school 
fund in the county in which conviction takes place. 

STATE CODE OF MINE SIGNALS. 

Signal Bells. 

1 bell hoist, 1 bell stop, (if in motion). 

2 bells lower men, 3 bells hoist men. 

4 bells blasting signal, engineer must answer by raising 
bucket a few feet and letting it back slowly. 

Then. 1 bell hoist men away from blast. 

5 bells steam on, 6 bells steam off. 

7 bells air on, 8 bells air off. 3-2-2 send down drills. 
3-2-3 send down picks. 

q bells danger signal, (case of fire or other danger), then 
ring number of station where danger exists. No person 
shall ring any bell except the station tender, except in 
case of danger, or when the main shaft is being sunk. 
Engineers must slow up when passing stations when men 
are on the cage. 

Station Bells. 


Bells Pause Bells No. Station 

I Bells 

Pause 

Bells 

No. Station 

2 

l 

l 

1 5 

ft 

1 

16 

2 

2 

2 

1 5 

a 

2 

17 

2 “ 

3 

3 

5 

a 

3 

18 

2 

4 

4 

5 

a 

4 

19 

2 

5 

5 

5 

tt 

5 

20 

3 

1 

6 

1 6 

a 

1 

21 

3 

2 

7 

6 

a 

2 

22 

3 

3 

8 

1 6 

a 

3 

23 

3 

4 

9 

1 6 

tt 

4 

24 

3 

5 

10 

6 

tt 

5 

25 

4 

1 

11 

7 

ft 

1 

26 

4 

2 

12 , 

1 7 

a 

2 

27 

4 

3 

13 

1 7 

it 

3 

28 

4 

4 

14 

7 

a 

4 

29 

4 

5 

15 

1 7 

a 

5 

30 

Where 

electric 

bells are 

used in 

connection with other 


bells. 

If cage is wanted ring station signal. Station tender 
will answer 1 bell. 

Reply 1 bell to go up. 

Reply 2 bells to go below. 

If station is full of ore and station tender is wanted, 
ring station signal and do not answer back. 





MINING LAWS—STATE OF MONTANA. 


9 


If 2-1-2 bells are rung, engineer or station tender does 
not understand, repeat signal. 

In case of danger or accident, ring station signal, sta¬ 
tion tender will reply i bell, ring 9 bells. * 

One copy of this code should be posted on the gallows 
frame and one before the engineer. 

To be in effect from and after June 1st, 1895. 

This code is subject to change under certain conditions. 
Penalty for Violation of Law Governing Inspector of 

Mines. 

(Revised Codes.) 

Penal Code, 1907. 

Section 8563. Every person who violates any ot the 
provisions of Article XIV., Chapter III., Part III., of the 
Political Code, relating to the inspection of mines, and 
every person who violates any of the provisions of Chap¬ 
ter XXIV., Title VII., Part III., of the Political Code, 
relating to dams and reservoirs, is guilty of a misde¬ 
meanor. 

Section 8535. Protecting Mining Shaft in City—Penalty. 

Every person who sinks any shaft or runs any drift or 
cut, or causes the same to be done, within the limits of 
any city or town or village in this state, or within one 
mile of the corporate limits of any city or town, or within 
three hundred feet of any street, road or public highway, 
and who shall fail to place a substantial cover over or 
tight fence around the same is punishable by a fine not 
exceeding one thousand dollars ($1,000). 

The owner of any property, or his' agent in charge 
thereof, or any person in possession of the same, shall 
be deemed to be within the provisions of this act if he 
permit any such shaft, drift or cut to remain open, exposed 
or unprotected upon his property, or the property in his 
charge or possession, for a period of more than 10 days. 

Mining, irrigating and other ditches may be dug or 
cut to a depth not exceeding ten feet without incurring 
the penalty of this section. 


IO 


MINING LAWlS—STATE OF MONTANA. 


Chapter 3. 


Protection to Underground Miners. 


(Part I., Title X., {Revised Codes.) 
Section 8536. Safety Cages. 


8537. Stoping Near Shaft. 

8538. Running Cage at Excessive Speed. 

8539. Maintaining Buildings Near Mouth of Shaft. 

8540. Violations of Act—Penalties. 

8541. Escapement Shaft. 

8542. To What Mines Act Applicable. 


8543. Penalties. 


Iron bonneted 
safety cages 
required where. 


Construction of 
cages. 


Safety appliances. 


Material of 
bonnet. 


Duty of mine 
inspector 


Penalty for 
violating sections. 


Section 8536. Safety Cages. It is unlawful for any 
corporation (or person) to sink or work, through any 
vertical shaft where mining cages are used, to a greater 
depth than three hundred feet, unless said shaft shall be 
provided with an iron-bonneted safety cage, to be used 
in the lowering and hoisting of the employees thereof, 
said cage to be also provided with sheet iron or steel 
casing not less than one-eighth inch in thickness; doors 
to be made of the same material shall be hung on hinges, 
or may be made to slide and shall not be less than five feet 
high from the bottom of the cage, and said doors must 
be closed when lowering or hoisting the men. Provided, 
that when such cage is used for sinking only, it need not 
be equipped with such doors as are hereinbefore pro¬ 
vided for. 

The safety apparatus, whether consisting of eccentrics, 
springs or other device, must be securely fastened to the 
cage, and must be of sufficient strength to hold the cage 
loaded at any depth to which the shaft may be sunk. 

The iron bonnet of the aforesaid cage must be made 
of boiler sheet iron, of good quality, of at least three- 
sixteenths of an inch in thickness, and must cover the 
top of such cage in such manner as to afford the great¬ 
est protection to life and limb from anything falling down 
said shaft. 

It shall be the duty of the mining inspector and his 
assistant to see that all cages are kept in compliance with 
this section and to also see that the safety dogs are kept 
in good order. 

Every person or corporation failing to comply with 
any of the provisions of this section is punishable by a 


MINING LAWS—'STATE OF MONTANA. 


II 


fine of not less than three hundred dollars, nor more than 
one thousand dollars. 

Section 8537. Stoping Near Shaft.. It is unlawful for 
any corporation or person operating any mine in this 
State worked through a vertical or incline shaft to stope 
within a less distance than twenty-five (25) feet of the 
said shaft when other work is being carried on below said 
stoping. 

Section 8538. Running Cage at Excessive Speed. It 
is unlawful for any person or corporation operating any 
mine in this State worked through a vertical or incline 
shaft, where a cage or other device is used for the pur¬ 
pose of hoisting or lowering men to run such cage when 
men are upon the same at a greater rate of speed than 
eight hundred (800) feet per minute. 

Section 8539. Maintaining Buildings Near Mouth of 
Shaft. It is unlawful for any person, company or cor¬ 
poration to erect or maintain any building or inclosure, 
used for a blacksmith shop or drying room within a dis¬ 
tance of fifty (50) feet of the mouth of any tunnel or 
shaft, unless the same be fire-proof in its construction. 

Section 8540. Violation of Act—Penalties. The pen¬ 
alty for violating the provisions of any of the preceding 
sections is the same as provided in Section 8536 of the 
Revised Codes. 

Provided, that when it shall appear that any engineer 
has violated the express order of his employer in running 
his engine at a greater speed than 800 feet per minute 
the engineer alone shall be subject to prosecution, and 
to hne imposed by the provisions of this Act. 

Section 8541. Escapement Shaft. It is the duty of any 
person, company or corporation, who shall have sunk on 
any mine a vertical or incline to a greater depth than one 
hundred feet, and who shall have the top of such shaft or 
hoisting opening covered or enclosed by a shaft or build¬ 
ing which is not fire-proof, and who shall have drifted 
on or along the vein or veins thereof, a distance of two 
hundred feet or more, after cross cutting to the same, 
and shall have commenced to stope, to provide and main¬ 
tain to the hoisting shaft or the opening through which 
men are let into or out of the mine and the ore is ex- 


Stoping near 
shaft. 


Limit of speed of 
cage containing 
men. 


No combustible 
structure within 
50 feet of mouth 
of tunnel or 
shaft. 


Penalty. 


Engineers to be 
fined when. 


Separate escape¬ 
ments required, 
when. 


12 


MINING LAWlS—STATE OF MONTANA. 


Proviso. 


When escape¬ 
ment shaft shall 
be constructed. 


Size of 

escapement 

shafts. 


Ladders. 


Signboards 
required, when. 


Act applicable 
to what quartz 
mines. 


Penalty. 


tracted, a separate escapement shaft, raise, or opening, or 
an underground opening or communication between every 
such mine and some other contiguous mine, provided, 
that in case such contiguous mine belongs to a different 
person, company or corporation, the right to use the out¬ 
let through such contiguous mine in all cases when neces¬ 
sary, or in cases of accident must be secured and kept in 
force. Where such an escapement shaft or opening shall 
not be in existence at the time that stoping is com¬ 
menced, work upon such escapement shaft or opening 
must be commenced as soon as stoping begins and be 
diligently prosecuted until the same is completed, and 
said escapement shaft, raise or opening shall be con¬ 
tinued to and connected with the lowest workings in 
the mine. The exit, escapement shaft, raise or opening 
provided for in the foregoing paragraphs must be of 
sufficient size as to afford an easy passage way and if it 
be a raise, or shaft, must be provided with good and 
substantial ladders from the deepest workings to the sur¬ 
face. Whenever the exit or outlet herein provided for 
is not in a direct or continuous course, signboards plainly 
marked showing the direction to be taken must be placed 
at each departure from the continuous course. 

Section 8542. To What Mines Act Applicable. This 
Act shall apply only to quartz mines in which nine or 
more men are employed underground, and shall not ap¬ 
ply to mines not actually extracting ores, by stoping, 
nor to mines in which the shaft or hoisting opening, or 
hauling way is not covered by a shaft house, and has no 
building structure within thirty (30) feet of the shaft 
or opening nor to mines in which the hoisting shaft or 
opening shall be covered by or enclosed in a fire-proof 
shaft or building. 

Section 8543. Penalties. The penalty for violating any 
of the provisions of the preceding section is the same as 
provided in Section 8536 of the Revised Codes. 


MINING LAW'S—STATE OF MONTANA. 


13 


Chapter 4. 


Storing of Explosives. 


Section 8545. 

8546. 

8547. 

8552. 

8553. 


(Revised Codes, Part I., Title X.) 

Regulating Sales of Explosives. 

Storage of Explosives in Mines. 

Storage of Explosives in Cities. 

Penalties. 

Penalty in Case of Death caused by Violation of 
Act. 


Section 8545. Regulating Sales of Explosives. That 
every person, company or corporation, manufacturing, 
storing, selling, transferring, dealing in, or in any man¬ 
ner disposing of any powder, gunpowder, giant or Her¬ 
cules powder, giant caps, or other highly explosive sub¬ 
stance, shall keep in a book for that purpose an accurate 
record of all transactions, with the date thereof, relating 
to the receiving and disposing of the same, which record 
shall show the -amount of each such explosive received, 
by whom transported or conveyed, and each and every 
sale or other disposition made of such explosive, with 
the amount thereof, and the name of the person to whom 
delivery of the same was made, who shall be required to 
receipt therefor. Such records shall at all times be open 
to the inspection of the State Inspector of (Mines, or any 
peace officer. 

Section 8546. Storage of Explosives in Mines. No per¬ 
son, company or corporation shall store, deposit or keep 
in any mine a greater quantity than three thousand 
pounds of blasting powder, giant or Hercules powder, 
or other highly explosive substance, and no explosives 
named in this Section shall be stored, deposited or kept 
in any place where its accidental explosion would cut off 
the escape of miners working in said mine. 

Section 8547. Storage of Explosives in Cities, Etc. No 
person, company or corporation, shall store, deposit or 
keep within one mile of the limits of any city, town or 
village, any powder, gunpowder, giant or Hercules powder 
or other highly explosive substance, in greater quantities 
than one hundred pounds, nor more than one thousand 
giant caps, at any one time, nor shall such explosives be 
stored, deposited or kept in any. quantities whatever witli- 


Record to be 
kept by all 
dealers in 
explosives. 


Contents of 
record. 


Limiting- quantity 
of explosives 
stored or kept 
in mines. 


Not over 100 
pounds of any 
explosive per¬ 
mitted within 
any city or town. 


Giant caps. 


14 


Exception— 


Mines operated 
within city limits. 


Exception as to 
gunpowder. 


Penalty. 


Crime and pun¬ 
ishment when 
death is result of 
violation of fore¬ 
going provisions. 


Duty of quartz 
mine owners, 
general managers, 
superintendents 
and foremen. 


MINING LAWlS—STATE OF MONTANA. 

in one mile of such city, town or village, except in a 
magazine constructed as hereinafter described. Provided, 
that this Section shall not be construed to prevent any 
person, company or corporation, operating a mine within 
one mile of the limits of such city, town or village, from 
storing powder for use in such mine in the manner pre¬ 
scribed in Sections 8546 and 8548 of this Act. Provided 
also, that this Section shall not prevent the keeping of 
a reasonable amount of gunpowder, not exceeding fifty 
pounds, in a safe place for sale. 

Section 8552. Penalties. Any person, or association 
or persons, violating any of the provisions of this Act, 
shall be punished by imprisonment in the penitentiary 
not exceeding five years, or by fine not exceeding five 
thousand dollars, or by both such fine and imprisonment. 

Section 8553. Penalty When Death Caused by Viola¬ 
tion of this Act. When the death of any person is caused 
by the explosion of any powder, gunpowder, giant or 
Hercules powder, giant caps, or other highly explosive 
substance, that has been stored, kept, handled or trans¬ 
ported, contrary to the provisions of the foregoing Sec¬ 
tions, the person or persons who have so unlawfully 
stored, kept, handled, or transported such explosives, or 
who may have knowingly or negligently permitted their 
agents, servants or employees, to so unlawfully store, 
keep, handle or transport the same, shall be guilty of man¬ 
slaughter, and on conviction shall be punished by im¬ 
prisonment in the state penitentiary for a period not ex¬ 
ceeding ten years. 

Chapter 72. 

Laws 1911, p. 135. 

“An Act to improve the Sanitary condition of Quartz 
Mines by providing for the proper ventilating of the 
same, and for protecting the lives of miners and pro¬ 
viding penalties for the violation of this Act.” 

Be it enacted by the Legislative Assembly of the State 
of Montana: 

Section 1. It shall be the duty of all mining oper¬ 
ators of any and all quartz mines in this State, when 
working to a greater depth than three hundred feet, or 
any general manager, superintendent, or foreman acting 


MINING LAWS—STATE OF MONTANA. 

on behalf of the above, whether said mining property 
is operated by tunnel, shaft, or other opening, to provide 
where necessary, feasible and practicable, a suitable and 
practical method for ventilating said mine either by sep¬ 
arate shaft, or other mine working of suitable size or 
capacity which said ventilating system shall provide for 
the delivery of air to all portions of said mine that are 
being operated, and also provide reasonable means for 
carrying away of noxious fumes, gas, or smoke. 

Section 2. It shall be the duty of all mining operators 
to provide suitable and practicable toilet arrangements, or 
places which may be used for toilet purposes, for the 
use of employees in mines, such toilets, or sanitary ar¬ 
rangements may consist of a properly constructed toilet 
car, or receptacle where it is practical and feasible to use 
the same, that may be taken into the different working 
levels of a mine, and when such cars, or receptacles are 
used they shall be sent to the surface each day for proper 
cleaning or disinfecting. Where proper toilet apparatus 
is not provided, the employee shall be allowed to go 
to surface or other suitable place, which place shall be 
kept in a reasonably sanitary condition. Underground 
stables shall be cleaned and droppings in waste taken to 
the surface each day. This section applies to mines work¬ 
ing thirty men or over. 

Section 3. Underground workings consisting of chutes, 
manways and winzes, or any opening kept for ventilat¬ 
ing purposes, or for the removal of ore, or waste material, 
shall when necessary be protected by guard rails, or by 
suitable cover known as a grizzly, made of good sub¬ 
stantial timbers, or metal bars. Shafts at stations shall 
be protected by guard rails at every level. In vertical 
manways used by employees exclusively for traveling 
purposes in addition to proper ladders there shall be suit¬ 
able landings, placed not to exceed thirty feet apart and 
so far as feasible and practicable all such manways, or air 
courses used as an escape for men must be kept free from 
all obstructions. 

Section 4. Every mining operator whether person or 
corporation failing to comply with any of the provisions 
of this Act, or any general manager, superintendent, or 
foreman acting on behalf of such mining operator an i 
failing to comply with any of the provisions of this Act, 
shall be guilty of a misdemeanor. 

Approved March 2, 1911. 


Ventilation to be 
furnished. 


Toilet places or 
arrangements to 
be supplied. 


Toilet cars and 
receptacles to be 
disinfected. 


When toilet 
apparatus is not 
provided. 


Underground 

stables. 


Guard rails and 
grizzlies for 
underground 
openings. , 


Protection at 
shaft stations. 


Vertical manways 
to be supplied 
with landings 
and kept free 
from obstructions. 


Violation of this 
act a misde¬ 
meanor. 



MINING LAWlS—STATE OF MONTANA. 


16 


Chapter 120. 


Coal mining code. 


State coal mine 

inspector, 

appointment. 


Laws 1911, p. 261. 

An Act to regulate the operation of all coal mines in 
the State of Montana, to provide for their ‘inspection 
and the qualifications of inspectors and certain other 
employees of coal mines and to codify all laws with 
reference to the operation of all coal mines in the 
State of Montana, repealing Sections 1679, 1680, 

1681, 1682, 1683, 1684, 1685, 1686, 1687, 1688, 1689, 

1690, 1691, 1692, 1693, 1694, 1695, 1696, 1697, 1698, 

1699, 1700, 1701, 1702, 1703, 1704, 1705, 1706, 1707, 

1708, 1709 and 1710, 2023 of the revised codes of the 
State of Montana and Chapters 64 and 65 of the 

Laws of 1909. 

Be it enacted by the Legislative Assembly of the State 
of Montana: 

Coal Mine Inspector.—Appointment.—Term of Office. 

Section 1. This act shall be known as the coal mining 
code of the State of Montana. 

Section 2. The Governor, by and with the advice and 
consent of the Senate, shall appoint one State Coal Mine 
Inspector qualified as hereinafter provided, who shall 
hold office for a term of four years from the date of his 
appointment, unless otherwise removed by the Governor. 


Qualifications. 


Shall have passed 
a successful 
examination by 
the board of 
examiners. 


Qualifications of Inspector. 

Section 3. No person shall be eligible to the office 
of State Coal Mine Inspector until he shall have at¬ 
tained the age of thirty years. He shall be a citiezn of 
the United States, a qualified resident of the state of 
Montana, shall have been actually employed at coal min¬ 
ing ten years prior to his appointment and shall possess 
a competent knowledge of all the different systems of 
coal mining and working and properly ventilating coal 
mines, and the nature and constituent parts of noxious 
and explosive gases of coal mines, and of the various 
ways of expelling the same from the said mines. He shall 
have passed a successful examination by the Board of 
Examiners and his certificate of qualification shall have 
been filed with the Governor by the said Board of Exam¬ 
iners, as provided by law. 


MINING LAWS—STATE OF MONTANA. 


17 


Salary of Inspector. 

Section 4. The salary of the State Coal Mine In¬ 
spector shall be twenty-five hundred dollars per an¬ 
num and all necessary and traveling expenses. The 
State Coal Mine Inspector shall file with the State Treas¬ 
urer a bond, approved by the Governor of the State, in 
the sum of five thousand dollars ($5000), for the faithful 
performance of his duties. 

Powers and Duties of Inspector. 

Section 5. The State Coal Mine Inspector shall have 
the right, and it is hereby made his duty, to enter, in¬ 
spect, and examine any coal mine or any shaft, drift or 
slope in the process of sinking for the purpose of min¬ 
ing coal in this State and the workings and the machinery 
belonging thereto, at all reasonable times, either by day or 
night, but not so as to impede or obstruct the workings 
of the mine, and when such inspection is contemplated 
he shall first notify the person in charge of his inten¬ 
tion to make such examination. He shall also have the 
right and it is his duty to make inquiry into the con¬ 
dition- of such mine, workings, machinery, scales, venti¬ 
lation, drainage, method of lighting or using lights, and 
into all methods and things connected with or relating 
to, as well as to make suggestions providing for the 
health and safety of persons employed in or about the 
same, and especially to make enquiry whether or not the 
provisions of the laws providing for the regulation of 
coal mines, or other acts which may hereafter be- en¬ 
acted governing coal mines, have been complied with. 
The owner, operator or superintendent of such mine is 
hereby required to furnish the means necessary for such, 
entry, inspection, examination, enquiry and exit. It shall 
also be the duty of the said Coal Mine Inspector to care¬ 
fully examine all the coal mines in operation in this State 
at least every three months and oftener if necessary; t:> 
see that every precaution is taken to insure the safety 
of all the workingmen that may be engaged in said coal 
mine. The said Inspector shall make a record of the 
visit, noting the time and the material circumstances of 
the inspection. At the time of making his regular quar¬ 
terly inspection, in the event of the Inspector having in 


Salary of coal 
mine inspector 
and necessary 
traveling 
expenses. 


Official bend. 


Shall examine 
coal mines. 


Must notify per¬ 
son in charge of 
his intention to 
examine. 


Must inquire into 
what. 


Health and safety 
of employees. 


Compliance with 
law. 


Owner must fur¬ 
nish means of 
inquiry and 
examination. 


Mines to be 
examined at least 
every three 
months. 


To make record of 
visits. 

When he must 
notify employees 
of intention to 
inquire into en¬ 
forcement of code. 


MINING LAWlS—STATE OF MONTANA. 


18 


Owner may 
accompany 
inspector in 
making inspection. 


his possession any complaint in writing to the effect that 
the mining code is being violated, he shall notify the 
employes that he is about to make such inspection, and 
if the employes, in some proper manner, select one of 
their number to accompany the Inspector on such inspec¬ 
tion, he shall permit such employe to so accompany him. 
In the event .of no such selection being made the Inspec¬ 
tor may, if he so desire, request some employee to ac¬ 
company him. The owner or operator shall at all times 
have -the right to personally accompany the Inspector 
while inspecting his property, or to designate some one 
to so accompany him. 


Inspector must 
not be in employ 
of operator or 
interested in any 
coal mine 
operation. 


Annual report to 
governor. 


Inspector Must Not Be Employed by Companies. 

Section 6. The said State Coal Mine Inspector while 
in office shall not act as agent for any corporation, super¬ 
intendent or manager of any mines, and shall in no man¬ 
ner whatever be under the employ of mining companies 
nor shall he be interested in any coal mining operation 
either as owner, lessee or otherwise. It shall be the duty 
of the said State Coal Mine inspector, on or before the 
first day of January of every year, to make a report to 
the Governor of his proceedings as such State Coal Mine 
Inspector and the conditions of each and every coal mine 
in the State, stating therein all accidents that have hap¬ 
pened in or about said mine or mines, and to set forth 
in said report all such suggestions afe he may deem im¬ 
portant as to any further legislation on the subject of 
coal mines. 


State must fur¬ 
nish neccessary 
instruments. 


Instruments to be Furnished to Inspector. 

Section 7. For the more efficient discharge of the 
duties herein imposed upon him, the State Coal Mine 
Inspector shall be furnished at the expense of the State 
with an anemometer, a safety lamp and whatever other 
instruments or other appliances may be necessary in order 
to carry into effect the provisions of the acts regulating 
coal mines. 


Inspector to Post Statement of Mine at Entrance. 

Section 8. The State Coal Mine Inspector shall post 
inspector must up in some conspicuous place at the top of each mine 
of mine giving its visited and inspected by him, a plain statement of the 
needs. n an conditions of such mine, showing what in his judgment 


MINING LAWS—STATE OF MONTANA. 


l 9 


is necessary for the better protection of the lives and 
health of persons employed in such mine; such state¬ 
ment shall give the date of inspection and be signed by 
the said Inspector. He shall also post a notice at the 
' landing used by the men, stating what number of men 
may be permitted to ride on the cage, car or cars at one 
time, and at what rate of speed men may be hoisted and 
lowered on the cage, car or cars in accordance as herein¬ 
after provided for in this act. He must observe espec¬ 
ially that the code of signals provided in the act regulat¬ 
ing coal mines between engineer and top men and bottom 
men, is conspicuously posted for the information of all 
employees. 

Temporary Vacency in Office, How Filled. 

Section 9. In case the State Coal Mine Inspector 
becomes incapacitated and cannot perform the duties 
of his office for a longer period than two weeks, it shall 
be the duty of the Governor to deputize some compe¬ 
tent person having the qualifications provided in this 
act to fulfil the duties of the said Inspector until the 
said Inspector shall return to the performance of his 
official duties, and the person deputized by the Gover¬ 
nor shall be paid by the State out of any moneys in the 
general fund of the State not otherwise appropriated, 
for the services rendered at the same rate as received 
by the State Coal Mine Inspector. 

In case of the death, resignation, or removal from 
office of the State Coal Mine Inspector before the 
expiiation of the term of office, the Governor shall ap¬ 
point a duly qualified person as provided in this act, 
to fill the vacancy for the unexpired term. 

Inspector Ex-officio Sealer of Weights and Measures. 

Section 10. The State Coal Mine Inspector is hereby 
made, equally with the County Clerk, ex-officio sealer of 
weights and measures, in so far as the same relates to coal 
mines and coal mining, and as such is empowered to test 
and compare all weights and measures used in weighing 
and measuring coal at any coal mine, or used in measur¬ 
ing air passages or other openings in coal mines, with the. 
standards of weights and measures kept by the County 
Clerk of any County. Upon the written request of any 


Other notice to 
be posted at 
landing. 


To require notice 
of signals to be 
posted. 


Appointing sub¬ 
stitute in cse in¬ 
spector is unable 
to perform duties. 


Qualifications and 
compensation of 
substitute. 


Filing vacancy in 
the office of coal 
mine inspector. 


Shall be ex-officio 
sealer of weights 
and measures in 
connection with 
business of coal 
mining. 


Powers as sealer 
of weights and 
measures. 


Duty to test 
scales when. 


20 


MINING LAWS—STATE OF MONTANA. 


When and how to 
direct correction 
in scales. 


When his tests 
shall prevail. 


State shall fur¬ 
nish inspector 
with standard 
■weights, as the 
inspector shall 
deem necessary. 


Custody of 
weights. 


Cost of transpor¬ 
tation, storage 
and hauling 
standards. 


Inspector to ap¬ 
ply to the district 
court in case 
inspection and 
facilities therefor 
are refused. 


coal mine owner or operator or ten coal miners employed 
at any one mine, it shall be his duty to test and prove any 
scale or scales at such mine against which complaint is 
directed and if he shall find that they or any of them do 
not weigh correctly, he shall call the attention of the 
mine owner, lessor or operator to the fact and direct that 
said scale or scales be at once overhauled and readjusted 
so as to indicate only true and correct weights, and he 
shall forbid the further operation of such scale until such 
scales are adjusted. In the event that such test shall 
conflict with any test made by any county sealer of 
weights and measures, or under and by virtue of any 
municipal ordinance or regulation, then the test by such 
State Coal Mine Inspector shall prevail. 

Standard Test Weights to be Furnished to Inspector. 

Section n. For the purpose of carrying out the pro¬ 
visions of this Act, the State Coal Mine Inspector shall 
be furnished by the State with such sets of standard 
weights suitable for testing the accuracy of track scales, 
and all smaller scales at mines, as may in the judgment 
of the State Coal Mine Inspector be necessary; said test 
weights shall remain in the custody of the State Coal 
Mine Inspector for use at any point within the State, and 
for any amounts expended by him for the storage, trans¬ 
portation or the handling of the same, he shall be fully 
reimbursed upon making proper entry of the proper items 
in his expense voucher. 

Refusal of Mine Operator to Furnish Facilities for 
Examination. 

Section 12. If any owner, lessor or operator shall re¬ 
fuse to permit such inspection or to furnish the necessary 
facilities for making such examination and inspection, 
the inspector shall file his affidavit setting forth his 
refusal, with the judge of the District Court in said 
county in which said mine is situated, either in termtime 
or vacation, and obtain an order on such owner, operator 
or agent so refusing as aforesaid, commanding him to 
permit and furnish such necessary facilities for the inspec¬ 
tion of such coal mine, or to be adjudged to stand in con¬ 
tempt of court and punished accordingly. 


MINING LAWS—STATE OF MONTANA. 


21 


Investigation of Charges for Neglect of Duty. 

Section 13. Whenever a petition signed by fifty or 
more reputable citizens, legal residents of the State, ver- 
fied by oath by two or more of the said petitioners and 
accompanied by a bond in the sum of five hundred dol¬ 
lars, running to the State, executed by two or more free¬ 
holders, approved ^and accepted by the Clerk of the Dis¬ 
trict Court of the County or Counties of their residence, 
conditioned for the payment of all costs and expenses 
arising from the investigation of the charges is filed with 
the clerk of the district court setting forth that the State 
Inspector of Mines neglects his duties or is incompetent, 
or is guilty of malfeasance in office or misfeasance hi 
office, it shall be the duty of the District Court of the 
County to issue a citation in the name of the State to the 
said inspector, to appear, at not less than five days notice, 
on a day fixed, before said court, and the court shall then 
proceed to enquire into and investigate the allegations of 
the petitioners; such action shall be prosecuted by the 
County Attorney. 

Penalties for Violation of Duty. 

Section 14. If the Court finds that the said State Coal 
'Mine Inspector is neglectful of his duties or incompetent 
to perform the duties of his office, or that he is guilty of 
malfeasance or misfeasance in office, the court shall cer¬ 
tify the same to the Governor, who shall declare the 
office of said State Coal Mine Inspector vacant, and 
proceed in compliance with the provisions of this Act to 
fill the vacancy and the costs of such investigation shall, 
if the charges are sustained, be imposed upon the said 
State Coal Mine Inspector. 

Board of Examiners of Applicants for Coal Mine Inspec¬ 
tor.—Appointment. 

Section 15. The Governor of the State shall within 
sixty days after the passage of and approval of this Act, 
upon the recommendation of the coal miners of this State, 
appoint one practical coal miner actively employed * in 
coal mining in the State of Montana, and one mine man¬ 
ager or superintendent, who shall be recommended to 
the Governor by the majority of the coal mine operators 
of the State of Montana, and one practical coal mining 


When charges 
are filed against 
coal mine inspec¬ 
tor in district 
court for negli¬ 
gence, mal¬ 
feasance or in¬ 
competency. 


Bond accompany¬ 
ing charges. 


Duty of the court. 
Citation to issue. 


Hearing. 


County attorney 
must prosecute 
charges. 


If court finds 
charges to be 
true it shall 
certify fact to the 
Governor. 


Governor to de¬ 
clare the office 
vacant. 


Costs to be paid, 
in such event, by 
the inspector. 


Board of examin¬ 
ers: Appoint¬ 
ment. 


To consist of 
whom. 


22 


MINING LAW,S—STATE OF MONTANA. 


Term of office of 
members of the 
board. 


Duty of board of 
to examine all 
applicants for 
position of state 
coal mine inspec¬ 
tor. 


Scope of exam¬ 
ination. 


Manner of exam¬ 
ination. 


Papers to be filed 
with secretary of 
state. 


Oral examination 
on what subpects. 


What books may 
be used. 


Required average 
per cent for cer¬ 
tification. 


Certificate of 
qualifications. 


Board to furnish 
each person who 
has been exam¬ 
ined his markings 
on written slip. 


engineer; the three so named by the Governor shall con¬ 
stitute a Board of Examiners to pass upon the qualifica¬ 
tions of applicants for State Coal Mine Inspector of the 
State of Montana. They shall hold office for four years 
and until their successors, appointed in the same manner, 
are appointed and qualified. 

Scope of Examination. 

Section 16. It shall be the duty of the said Board to 
examine into the qualifications of all applicants for ap¬ 
pointment to the position of State Coal Mine Inspector 
of the State of Montana, by conducting a thorough exam¬ 
ination as to their knowledge of mine workings, ventila¬ 
tion, gases, fire damp, machinery and actual experience 
in under-ground coal mining, and to acquaint themselves 
with the personal character, habits and general worthiness 
of each applicant. The general examination shall be hi 
writing, and the manuscript and other papers of all appli¬ 
cants, together with the tally sheets and the solution of 
each question as given by the Examining Board, shall be 
filed with the Secretary of the State as public documents, 
but such applicants shall undergo an oral examination per¬ 
taining to explosive gases and safety lamps. All candi¬ 
dates shall be allowed the use of such text books as n 
the discretion to the board may be deemed proper, dur¬ 
ing the examination. The Board of Examiners shall con¬ 
fine the examination of applicants to subjects such as are 
designated in this section. No person shall be certified 
as competent whose average per cent shall be less than 
75 per centum and his certificate shall show what per 
cent the applicant has attained, and such certificate shall 
be valid only when signed by a majority number of the 
Examining Board. The Examining Board shall, im¬ 
mediately after the examination, furnish to each person 
who came before it to be examined a copy of all ques¬ 
tions, whether oral or written, which were given at the 
examination, on printed slips of paper, which shall be 
marked solved right, imperfect or wrong as the case may 
be; together with a certificate of competency to each 
candidate who shall have at least 75 per centum. 

Applications for Examinations—How Made. 

Section 17. Applications to the said Board for exam- 


MINING LAWS—STATE OF MONTANA. 


23 


ination for State Coal Mine Inspector must be made in 
writing and accompanied by an affidavit that the appli¬ 
cant is a citizen of the United States, a resident of the 
State of Montana, and that he has attained the age of 
thirty years; has had at least ten years 'experience in 
underground coal mining in the United States and at 
least one year’s experience in underground coal mining 
in the State of Montana. 

Selection by Governor. 

Section 18. The Board of Examiners shall file with 
the Governor the names of all persons who shall have 
successfully passed the examination. From those so 
named the Governor shall select one person to be State 
Coal Mine Inspector, provided that any one who has 
served capably as State Coal Mine Inspector for one 
full term, upon making written application to the Board 
setting forth these facts, shall be certified to the Gov¬ 
ernor as properly qualified for appointment, but no man 
shall be eligible for the appointment as State Coal Mine 
Inspector, who has any pecuniary interest in any coal 
mine, either directly or indirectly, as owner, leasee, or 
employer, or otherwise. 

Vacancy in Inspectorship—How Filled. 

Section 19. As often as vacancies occur in the office 
of State Coal Mine Inspector, caused either by death, 
resignation, removal for malfeasance or misfeasance as 
provided for in Section 14 of this Act or as otherwise 
determined as with other officers of the State, the Gov¬ 
ernor shall fill the same by appointment for the .unex¬ 
pired term by selecting a person whose name is on file 
in his office as provided for in Section 18 of this Act. 

Meetings of Examining Board—Oath of Office. 

Section 20. The Board of Examiners appointed under 
this Act shall each take the following oath of office before 
some person only authorized by law to administer an 
oath, We do solemnly swear or affirm that we will per¬ 
form the duties devolving upon us to the best of our abil¬ 
ity, and that in rejecting or recommending applicants for 
the position of State Coal Mine Inspector for the State 
of Montana we will be governed by the evidence of qual¬ 
ification to fill the position under the law creating the 


Application for 
examination and 
accompanying 
affidavit. 


Names to be filed 
by the board with 
the governor. 


Board shall also 
certify to the 
governor as 
qualified one who 
has served cap¬ 
able as coal mine 
inspector for one 
full term. 


Disquaifi cation. 


Governor shall fill 
vacancies from 
list of persons 
certified by the 
board to be 
qualified. 


Oath of office of 
members of the 
board. 


24 


MINING LAWiS—STATE OF MONTANA. 


Time and place 
for holding meet¬ 
ings of the board 
to conduct exam¬ 
inations. 


Secretary of state 
to furnish blanks, 
books, stationery, 
etc. 


Notice of meeting 
of the board to be 
given when and 
where. 


At such meetings 
the board shall 
proceed to exam¬ 
ine whom. 


Shall certify to 
the governor what 
names. 


Compensation and 
expenses of the 
board. 


same, and not by any consideration of political affiliation 
or personal favors that we will certify all whom we may 
find qualified, and who shall have passed the required 
examination, according to the Act and none other, to 
the best of our knowledge and judgment. The Board 
shall meet for the purpose of examining applicants for 
the position of State Coal Mine Inspector on the second 
Monday in December, 1912, in the City of Helena, at the 
State Capitol in the office of the State Coal Mine Inspec¬ 
tor, and on the second Monday in December every two 
years thereafter. The Secretary of State shall furnish 
whatever blanks, blank books, printing or stationery the 
Board may require in the discharge of its duties. Public 
notice of meetings of the Board for the purpose of hold¬ 
ing examinations shall be given by the Board, by the 
posting of notices in the post office in the several coal 
mining towns throughout the State at least fifteen days 
previous to the date of the examination, and by publica¬ 
tion in at least two daily papers published in the City of 
Helena, for ten consecutive days previous to the holding 
of the examination. 

Examination—Certificate of Fitness. 

Section 21. The Board shall then proceed to the exam¬ 
ination of those who may present themselves as candi¬ 
dates for said office, and who shall have complied with 
the requirements necessary to entitle such applicant to 
be examined as provided for in Section 17 of this Act, 
and after a thorough examination as to knowledge and 
qualification of said applicants the said Board of Exam¬ 
iners shall certify to the Governor the names of all such 
applicants who have successfully passed the required ex¬ 
amination for the position of State Coal Mine Inspector 
as required under the provisions of the law. 

Compensation of Board of Examiners—Expenses. 

Section 22. The Board of Examiners shall receive as 
compensation Six Dollars ($6.00) per dierji for the time 
not exceeding ten days actually engaged in the perform¬ 
ance of the duties imposed upon them in this Act and 
their actual expenses-, such compensation to be paid out 
of the General fund in the manner provided by law. 


MINING LAWS—STATE OF MONTANA. 


2 


Appointment of Inspectors—How Made. 

Section 23. The Governor shall, from the names certi¬ 
fied to him by the said Board of Examiners, appoint a 
State Coal Mine Inspector for the State of Montana, who 
shall hold office for the period of time as required by the 
law creating- such office. 

Appointment of Examining Board. 

Section 24. Every four years the Governor shall in the 
manner provided in Section 15 appoint a Board of Exam¬ 
iners to pass upon the qualification of applicants for Coal 
Mine Inspector, which Board shall be constituted, sworn 
and paid and shall perform the same duties as the Board 
provided for in Section fifteen (15) of this Act, during 
the term for which they were appointed, (and from the 
names certified to by them the Governor shall appoint a 
State Coal Mine Inspector for the State of Montana). 

Reappointment of Inspector not Prohibited. 

Section 25. Nothing in this Act be construed as pre¬ 
venting the reappointment by the Governor of any State 
Coal Mine Inspector, who shall have successfully passed 
the required examination and qualified as hereinbefore 
provided for. 

Examining Board May Adopt Rules. 

Section 26. Each successive Board of Examiners shali 
have the power to adopt their own rules and regulations 
for examination as will best serve the purpose of this 
Act said rules not to conflict with the manner of exam¬ 
ination as prescribed in Section sixteen (16) of this Act. 

Vacancies in Examining Board—How Filled. 

Section 27. Vacancies upon the said Board of Ex¬ 
aminers shall be filled by the Governor, in - accordance 
with the intent and provisions of this Act. 

Board for Examination of Applicants for Position of 
Mine Foreman, Etc. 

Section 28. On petition of the State Coal Mine In¬ 
spector a judge of the District Court of any County 
where coal is mined shall appoint an examining board of 
three persons, consisting of the State Coal Mine Inspector, 
a miner and an operator or superintendent, to be known 
as the County Examining Board. The members of said 


Governor shall ap¬ 
point state coal 
mine inspector. 


Board of coal 
mine inspectors 
shall he appointed 
every four years. 


Coal mine inspec¬ 
tor may he re¬ 
appointed, when. 


Rules and regu¬ 
lations of conduct¬ 
ing examinations. 


Vacancies in the 
hoard of exam¬ 
iners. 


County examining 
board: How ap¬ 
pointed, and to 
consist of whom. 


26 


Qualifications. 


Term of office. 


Official oath of 
members. 


Scope of exam¬ 
ination. 


What text books 
may be used. 


Certificates of 
competency to be 
issued to whom. 


Other required 
qualifications. 


Board of county 
commissioners to 
furnish board with 
what .materials 
on examinations. 


Questionsto be in 
writing on separ¬ 
ate slips of paper. 


Questions and 
answers to be re¬ 
turned, signed. 


MINING LAW-S—STATE OF MONTANA. 

Examining Board shall be citizens of the United States 
and legal residents of the State of Montana, and shall 
hold office for the term of two years or until their suc¬ 
cessors have been appointed and qualified. The persons 
so appointed shall, after being duly organized as a Board, 
take and subscribe before an officer authorized to admin¬ 
ister the same, the following oath namely: We, the 
undersigned do solemnly swear or affirm that we will per¬ 
form the duties of examiners of applicants for the position 
of mine foreman, mine examiner, or fire boss for the coal 
mines of Montana to the best of our abilities, and that in 
certifying or rejecting said applicants we will be gov¬ 
erned by the evidence of the qualifications to fill the posi¬ 
tions under the law creating the Same, and not by any 
consideration of personal favors; that we will certify all 
whom we find qualified and none other. 

Scope of Examination. 

Section 29. The examination shall consist of oral and 
written questions on theoretical and practical mining on 
the nature and properties of noxious, poisonous and ex¬ 
plosive gases found in the mines, and on the different 
systems of working and ventilating coal mines. During 
the progress of the examination the usb of such text books 
as the Board shall approve shall be allowed applicants 
during the examination, and the Board shall issue to those 
examined, and found to possess requisite qualifications, 
certificates of competency for the position of mine fore¬ 
man, mine examiner or fire boss; but such certificates shall 
be granted only to persons of twenty-three (23) 
years of age, or over, of good moral character, citizens 
of the United States and residents of the State of Mon¬ 
tana, 'and with at least five years practical experience in 
the working of coal mines. All papers and blanks, blank 
books and stationery used at the examination, to be fur¬ 
nished by the Board of County Commissioners of the said 
County and each candidate for examination shall be given 
such questions, as are required, in writing and each ques¬ 
tion shall be on a separate paper. 

Candidates must return such papers to the Board, with 
answer to questions thereon, attested by his signature. 
All question papers and answers shall be filed in the office 


MINING LAWS—'STATE OF MONTANA. 


27 


of the County Clerk and Recorder, in and for the County 
where examinations are held, and kept by him in some 
secure place, subject to examination at any time. 

Certificates as Mine Foreman. 

Section 30. Certificates of qualifications to mine fore¬ 
men in the coal mines of Montana, shall be granted by the 
Board of Examiners herein provided for, to each applicant 
who shall have passed a successful examination showing 
his knowledge of mine workings, ventilation, gases, fire 
damp and his actual experience in underground coal min¬ 
ing. The certificates shall be in a manner and form as 
shall be prescribed by the State Coal Mine Inspector, who 
shall keep a record in his department of all such certifi¬ 
cates granted. Each certificate shall contain the full name 
and age and birthplace of applicant and also the length 
or nature of his previous service in coal mines. 

Qualifications for Mine Examiners. 

Section 31. Persons seeking certificates of competency 
as Mine Examiner or fire boss must produce evidence 
satisfactory to the Board that they are citizens of the 
United States, residents of the State of Montana, have 
had at least five (5) years practical experience in working 
of coal mines, at least twenty-three (23) years of age, 
and of good repute and temperate habits. They must 
prepare to submit and satisfactorily pass an examination 
as to their experience in mines generating dangerous and 
explosive gases, their practical and technical knowledge 
of the nature and properties of fire damp, the laws of 
ventilation, and the structure and use of the safety lamp. 

Examining Board Shall Grant Certificates. 

Section 32. The said Board of Examiners shall meet 
at the call of the State Coal Mine Inspector, who shall 
call them upon receipt of five requests for examination 
and shall grant certificates to all persons whose exam¬ 
ination shall disclose their fitness for the duties of mine 
foreman as above classified, or mine examiner or fire 
boss and such certificate shall be sufficient evidence of 
the holder’s competency for the duties of said position 
so far as relates to the purpose of this A'ct; provided that 
any person who shall have been employed as Mine Fore¬ 
man, continually for a period of one year preceding the 


Question and 
answer papers to 
be filed where. 


To whom, certi¬ 
ficates of qual¬ 
ification as mine 
foreman shall be 
granted. 


Form of certifi¬ 
cate. 


Qualifications of 
applicants for 
certificate as mine 
examiners or fire 
boss. 


To pass satisfac¬ 
tory examinations 
on what subjects. 


The county exam¬ 
ining board shall 
meet call of 
the state coal 
mine inspector. 


When call shall 
be made. 


Shall grant certi¬ 
ficates to whom. 


Certificates shall 
be evidence of 
what. 


28 


MINING LAWS—STATE Otf MONTANA. 


To whom certifi¬ 
cates shall be 
granted without 
examination. 


What standard on 
examination re¬ 
quired for cer¬ 
tificate. 


Issuing certificates 
to persons pre¬ 
senting proper 
certificates from 
other states or • 
competent auth¬ 
orities. 


Fee for issuing 
such certificates. 


What required 
upon application 
for examination. 


Affidavit and cer¬ 
tificate of good 
character. 


Fee to be paid be¬ 
fore receiving 
examination. 


Certificate fee. 


Fees to be turned 
over to state, 
treasurer. 


approval of this Act, by the same firm, person or cor¬ 
poration, shall be granted a certificate without under¬ 
going such examination, but shall not be employed by 
any other person, firm or corporation without having 
successfully undergone such examination. No person 
shall be certified as competent whose average percentage 
shall be less than seventy-five (75) per centum on his 
entire examination, and such certificate shall designate the 
position qualified for and shall be valid only when signed 
by a majority of the Examining Board. 

Certificates May Be Issued to Those Holding Proper 
Certificates. 

Section 33. The Board may exercise its discretion, in 
issuing certificates of any class, without examination, to 
persons presenting with proper credentials certificates for 
the same or a similar position issued by competent auth¬ 
orities in this or other States provided, however, that for 
every such certificate issued, the Board shall charge a fee 
of five ($5.00) Dollars. 

Applications for Examination—How Made—Fees. 

Section 34. An applicant for examination for any cer¬ 
tificate herein provided for, before being examined, shall 
register his name with the State Coal Mine Inspector, 
at Helena, Montana,, and file with him the credentials 
required by this Act, to-wit: An affidavit as to all mat¬ 
ters of fact establishing his rights to and qualifications 
for receiving the examination, and a certificate of good 
character and temperate habits, signed by at least ten 
(10) of the citizens who know him best in the place in 
which he lives. Each candidate, before receiving the 
examination, shall pay to the State Coal Mine Inspector 
the sum of two ($2.00) dollars as an examination fee, 
and those who pass the examination for which they are 
entered, before receiving their certificate, shall also pay 
to the State Coal Mine Inspector the further sum of 
three dollars ($3.00) each as a certificate fee. All such 
fees shall be duly accounted for by the State Goal Mine 
Inspector and turned into the State Treasurer at the 
close of the fiscal year. 


MINING LAW'S—STATE OF MONTANA. 


2 9 


Compensation of Examining Board. 

Section 35. The members of the Examining Board ex¬ 
cept the State Goal Mine Inspector shall receive as a 
compensation the sum of 'five dollars ($5.00) each day 
for a term not exceeding two meetings of five days each 
in any year, and whatever sum is necessary to reimburse 
them for such travelling expenses as may be incurred in 
the discharge of their duties. All such salaries and ex¬ 
penses of the members of the Board shall be paid upon 
vouchers duly sworn to by each member of the said 
Board and approved and ordered by the State Board 
of Examiners, and the State Auditor is hereby authorized 
to draw his warrants on the State Treasurer for the! 
amount thus shown to be due, payable out of any money 
in the State Treasury not otherwise appropriated. 

Violations. 

'Section 36. (a) Any person who acts in the capacity of 

mine foreman, mine examiner or fire boss without a cer¬ 
tificate of competency as provided for in this Act, shall 
be deemed guilty of an offense against this Act, provided, 
however, the State Coal Mine Inspector shall have the 
power to grant permits to persons to perform the duty 
of mine foreman, mine examiner or fire boss as provided 
for in this Act, who may be employed by any company, 
corporation, association, person or persons engaged in 
the operating of any coal mines in the State of Montana 
until such time as the persons so employed has had an 
opportunity to be examined as to his competency by the 
Board of Examiners provided for in this Act, but no 
longer. 

(b) Every company, corporation association, person 
or persons operating any coal mine or coal mines in the 
State of Montana, who employs any uncertified mine fore¬ 
man, mine examiner or fire boss, except as provided for 
in Section 33 of this Act, shall be deemed guilty of an 
offense against this Act, provided, however, that in cases 
of emergency any competent man may be employed and 
act as a temporary mine foreman, examiner or fire boss 
until a certificate or permit can be obtained, not to exceed 
a period of thirty (30) days, without violating this Act 
or incurring any of its penalties. 


Compensation of 
county examining 
board and travel¬ 
ing expenses. 


How and by 
whom paid. 


Acting as mine 
foreman, mine 
examiner or Are 
boss without a 
certificate, guilty 
of an offense 
against this act. 


Provided that 
state coal mine 
inspector may 
grant temporary 
certificates until 
when, in certain 
cases. 


Employing an un¬ 
certified mine 
foreman, mine ex¬ 
aminer or fire boss 
an offense against 
this act. 


Proviso, in case of 
an emergency. 


30 


MINING LAWS—STATE OF MONTANA. 


Maps and plans of 
coal mines. 


Scale and other 
requirements of 
map and plan. 


What underground 
workings map 
shall show. 


Map shall be 
made for each 
seam woi'ked, 
showing what. 


Surface map shall 
show what. May¬ 
be separate if 
desired. 


Surface maps shall 
be drawn on 
what, when sep¬ 
arate. 


Necessary to Have Maps of Coal Mines. 

Section 37. Every operator of every coal mine in this 
State shall make or cause to be made an accurate map 
or plan of such mine, drawn to a scale of not less than 
two hundred feet to one inch, and as much larger as prac¬ 
ticable, on which shall appear the name of the State, 
County and township in which the mine is located, the 
designation of the mine, the name of the Company or 
owner, the certificate of the mining engineer or surveyor 
as to the accuracy and date of the survey, the north point 
and the scale to which the drawing is made. 

Underground Survey. 

Section 38. For the underground workings the said 
map shall show all shafts, slopes, tunnels or other open¬ 
ings to the surface or to the workings of a contiguous 
mine, -all excavations, entries, rooms and crosscuts, the 
rise or dip of the seam from the bottom of the shaft, 
mouth of drift or slope in either direction to the face of 
the workings, the location of the fan or furnace, the loca¬ 
tion of the permanent pumps, hauling engines, engine 
planes and firewalls, the location of any standing water 
which might prove a menace to life or danger to property 
from flood, and the line of any contiguous surface out¬ 
crop of the seam. 

Map for Every Seam. 

Section 39. A separate and similar map, drawn to 
the same scale in all cases, shall be made of each and 
every seam, which, after the passage of this Act, shall be 
worked in any mine, and the maps of all such seams 
shall show all shafts, drifts, tunnels, incline planes or 
other passage ways connecting the same. 

Map of the Surface. 

Section 40. Every such map or plan, or at the option 
of the operator a separate map, shall show the surface 
boundary lines contiguous to the workings and pertaining 
to each mine, also all section or quarter section lines 
and corners, town lots and streets, the tracts and side 
tracts of all railroads, the location of all wagon roads, 
rivers, streams, ponds, buildings, landmarks and principal 
objects on the surface within the said boundary lines; 
and in all cases if of a separate surface map the same 


MINING LAW'S—'STATE OF MONTANA. 


3 1 


shall be drawn on transparent cloth or paper so that it 
can be laid upon the map of the underground workings 
and thus truly indicate the relative location of the lines 
and objects on the surface to the excavations of the mine. 

Copies of Maps for State Coal Mine Inspector. 

Section 41. The original or true copies of all such 
maps shall be kept in the office at the mine, and true 
copies thereof shall also be furnished the State Coal 
Mine Inspector within thirty days after completion of 
the same. The maps so delivered to the Inspector shall 
be the property of the State and shall remain in the cus¬ 
tody of the said Inspector during his term of office and 
be delivered by him to his successor in office. They 
shall be kept at the office of the Inspector and be open 
to inspection by all persons interested in the same, but 
such examination shall only be made in the presence of 
the Inspector and he shall not permit any copies of the 
same to be made without the written consent of the oper¬ 
ator or owner of the property, under penalty of removal 
from office. 

Annual Surveys. 

Section 42. An extension of the last preceding survey 
of every mine in active operation shall be made once in 
every twelve months, prior to July 1st of every year, and 
the result of said survey, with the date thereon, shall 
be promptly and accurately entered upon the original 
maps so as to show all changes in plain or new work in 
the -mine and all extensions of the workings to the most 
advanced face or boundary of said workings which have 
been made since the preceding survey. The said changes 
and extensions shall be entered upon the copies of the 
maps in the hands of the State Coal Mine Inspector, or 
new copies thereof be furnished him, within thirty days 
after the last survey is made. Whenever the operator of 
any mine shall neglect or refuse, or for any cause not 
satisfactory to the State Coal Mine Inspector fail, for a 
period of three months, to furnish to the said State Coal 
Mine Inspector the map or plan of such mine, or a copy 
thereof or of the extension thereto, as provided for in 
this Act, the said State Coal Mine Inspector is hereby 
authorized to make or cause to be made an accurate map 


Original maps, or 
true copies, to be 
kept in office at 
the mine and copy 
furnished the 
state coal mine 
inspector. 


To be property of 
the state and re¬ 
main in custody 
of inspector. 


Kept at office of 
inspector and open 
to inspection to 
whom, in presence 
of inspector. 


Not to permit 
copies to be made, 
except when. 


When annual ex¬ 
tensions of sur¬ 
veys of mines 
shall be made 
and entered upon 
the original maps. 


What they shall 
show. 


To be entered 
upon the copies 
of maps filed iwth 
state coal mine 
inspector, or new 
copies are to be 
furnished. 


When operator of 
mine fails or re¬ 
fuses to furnish 
map and plans to 
state coal mine 
inspector. 


Inspector to have 
survey and map 
made at cost of 
operator or owner. 


32 


MINING LAWS—‘STATE OF MONTANA. 


Collection of cost. 


Maps and surveys 
to be made before 
mine is abandoned 
or indefinitely 
closed. 


What map shall 
show. 


When state coal 
mine inspector 
may order such 
surveys to be 
made. 


Survey to be paid 
for by the state. 


Wash houses to 
be furnished for 
employees. 


Where wash 
houses to be 
placed. 


Inspector may 
give permit to 
place wash houses 
elsewhere when. 


How washhouses 
are to be main¬ 
tained. 


or plan of such mine at the expense of the owner or leaser 
thereof, and the cost of the same may be recovered by 
law from said owner, leaser or operator in the same man¬ 
ner as other debts by suit in the name of the 'State. 

Abandoned Mines. 

Section 43. When any coal mine is worked out or is 
about to be abandoned or indefinitely closed the operator 
of the same shall make or cause to be made a final sur¬ 
vey of all available parts of such mine, and the results of 
the same shall be duly extended on all maps of the mine 
and copies thereof, so as to show all excavations and the 
most advanced workings of the mine, and their exact re¬ 
lations to the boundary or section lines on the surface. 

The State Coal Mine Inspector may order a surve) r 
to be made of the workings of any mine which is about 
to be abandoned, or of which he has reason to believe 
the maps are inaccurate, whenever in his judgment the 
safety of the workmen, the support of the surface, the 
conservation of the property or the safety of an adjoining 
mine requires it. Such survey shall be paid for by the 
State. 

Mine Operators to Furnish Wash Houses for Employees. 

Section 44. It shall be the duty of the owner, operator 
or superintendent of any coal mine in the State of Mon¬ 
tana to provide a suitable building, not an engine or boiler 
house, for the use of the persons employed in such mine 
for the purpose of washing themselves and changing their 
clothes when entering the mine and returning therefrom. 
The said building shall not be over 800 feet from and 
convenient to the principal entrance of such mine when 
practical to do so. When not practicable to build the 
wash house within the said distance and still conform 
to the other requirements of this section the State Coal 
Mine Inspector may give written permission to place the 
building at a greater distance from the mine than thac 
herein specified and the operator shall not be guilty of 
violation of this section. The said building shall be main¬ 
tained in good order, be properly lighted and heated and 
supplied with pure cold and warm water, and be pro¬ 
vided with facilities for persons to wash and a suitable 
locker for each person to be used by him as a repositorv 
for his clothes. 


MINING LAWS—STATE OF MONTANA. 


33 


If any person shall maliciously injure or destroy or 
cause to be injured or destroyed, the said building or 
any part thereof, or any of the appliances or fittings 
used for supplying light, heat or water therein or doing 
any act tending to the injury or destruction thereof, he 
shall be deemed guilty of an offense against this Act and 
subject to a fine as hereinafter provided for. 

Oath of Weighman—Check Weighman. 

Section 45. The weighman employed at any mine shah 
subscribe to an oath or affirmation before some officer 
authorized to administer oaths, to do justice between em¬ 
ployer and employee, and to truly and correctly weigh 
the output of coal from the mines as herein provided. 
The miners employed by or engaged in working for any 
mine owner, operator or lessee of any mine in this State 
shall have the privilege, if they desire, of employing ay 
their own expense a check weighman, who shall have like 
equal rights, powers and privileges in the weighing of 
coal as the regular weighman and be subject to the same 
oath and penalties as the regular weighman. Said oath or 
affirmation shall be kept conspicuously posted in the 
weight office, and any weigher of coal or person so em¬ 
ployed, who shall knowingly violate any of the provisions 
of this section, or any owner, operator or agent of any 
coal mine in this State who shall forbid or hinder miners 
employing or using a check weighman as herein provided, 
or who shall prevent or wilfully obstruct any such check 
weighman in the discharge of his duty, shall be deemed 
guilty of an offense against this Act. Whenever the State 
Coal Mine Inspector, or his deputy, shall be satisfied that 
the provisions of this section have been willfully violated 
it shall be his duty to forthwith inform the prosecuting 
attorney of any such violation, together with all the facts 
within his knowledge and the prosecuting attorney shall 
thereupon investigate the charges so preferred, and if he 
is satisfied that the provisions of this section have been 
violated, it shall be his duty to prosecute the person or 
persons guilty thereof. 

Must Not Use False Weights. 

Section 46. Any person or persons having or using 
any scale or scales for the purpose of weighing the out- 


M.alicious injury 
or destruction of 
such buildings or 
appliances therein. 


Oath of weighman. 


Miners may em¬ 
ploy check-weigh- 
man. 


Rights, powers, 
privileges and 
oath of check 
weighman. 


Oath to be posted 
where. 


Other offenses 
against this act. 


Duly of coal mine 
ir specter and dep¬ 
uties regarding 
violations of 
section. 


Duty of prosecut¬ 
ing attorney. 


Using false • 
weights or arrang¬ 
ing scales to 
weigh falsely for¬ 
bidden. 


34 


MINING LAWS—STATE OF MONTANA. 


put of coal at mines must not arrange or construct them 
so that fraudulent weighing may be done thereby, anl 
must not knowingly resort to or employ any means what¬ 
soever by reason of which such coal is not correctly 
weighed and reported in accordance with the provisions 
of this Act. 


Equipment of 
hoisting shafts. 


Equipment of 
cages. 


Safety clutches. 


Hand holts 


Gates on cages. 


Cages used in 
sinking. 

Landing cage sup¬ 
ports. 


Passage ways 
around landing 
places. 


General Equipment of Shafts. 

Section 47. Every hoisting shaft must be equipped 
with safely constructed substantial cages fitted to guide 
rails running from the top to the bottom of shaft. Said 
cages must be furnished with suitable boiler iron covers 
to protect persons riding thereon from falling objects 
and with sheet iron or steel casings on each side, not less 
than one-eighth inch in thickness, or wire netting of not 
less than one-eighth inch in diameter. They must be 
equipped with safety catches, said safety apparatus, 
whether consisting of eccentrics, springs or other devices, 
must be securely fastened to each e-age and must be of 
sufficient strength to hold the cage loaded at any depth 
to which the shaft may be sunk. Every cage must be fit¬ 
ted with iron bars, chains or rings in proper place and 
sufficient in number to furnish a secure hand hold for 
every person permitted to ride thereon. Gates not less 
than four feet high from the bottom of the cage shall 
be fitted to each cage and must be used during the regu¬ 
lar hoisting or lowering of men; provided that when such 
cage is used for sinking only it need not be equipped 
with such doors a,s are hereinbefore provided for. At the 
top landing cage supports, when necessary, must be care¬ 
fully set and adjusted so as to act automatically and 
securely hold the cage when at rest. 

Passage Way Around the Bottom of Shafts. 

Section 48. At the bottom of every shaft and at every 
caging place therein a safe and commodious passageway 
must be cut around such landing place to serve as a 
travel way by which men or animals may pass from one 
side of the shaft to the other without passing under or on 
the cage. 


Gates at the Top of Shaft. 

Section 49. The upper and lower landings at the top 
of each shaft and the opening of each intermediate seam 





MINING LAWS—STATE OP MONTANA. 


from or to the shaft, shall be kept free and clear from 
loose materials and shall be securely fenced with auto¬ 
matic or other gates, so as to prevent either men or 
materials from falling into the shaft. 

Two Places of Egress. 

Section 50. For every coal mine in this state, whether 
worked by shaft, slope or drift, there shall be provided 
and maintained in addition to the hoisting shaft, slope 
or drift or other place of delivery a separate escapement 
shaft, slope or drift or opening to the surface, or an 
underground communication passageway between every 
such mine and some other contiguous mine, such as 
shall constitute two distinct and available means of egress 
to all persons employed in such coal mine. The 
time allowed for completing such escapement shaft 
or drift or making such connections with an adjacent- 
mine, as is required by the terms of this Act shall be 
three months for shafts, slopes or drifts two hundred 
feet or less in depth or length, six months for shafts, 
slopes or drifts less than five hundred feet in depth or 
length and more than two hundred and twelve months 
for all other shafts, slopes or drifts or connections with 
adjacent mines. The time to date in all cases from hoist¬ 
ing of coal from main shaft, slope or drift. 

Unlawful to Employ More Than Ten Men. 

Section 51. It shall be unlawful to employ at any one 
time more men than in the judgment of the State Coal 
Mine Inspector is absolutely necessary for speedily com¬ 
pleting the connections with the escapement shaft, slope 
or drift or adjacent mine and said number must not ex¬ 
ceed ten men at any one time for any purpose in said 
mine until such escapement connection is completed. 

Passageways to Escapement. 

Section 52. Such escapement shaft or opening, or com¬ 
munication with an adjacent mine aforesaid, shall be con¬ 
structed in connection with every seam of coal worked 
in such mine, and all passageways communicating with 
the escapement shaft or place of exit, from the main 
hauling ways to said place of exit, shall be maintained 
free of obstructions, at least five feet wide and five feet 
in height. Such passageways must be so graded and 


Landing places to 
be* kept clear of 
loose materials 
and fenced with 
gates. 


Two or more 
places of egress 
to surface shall 
be maintained in 
every coal mine. 


Time allowed 
within which such 
places of egress 
shall be con¬ 
structed. 


Number of men 
who can be em¬ 
ployed until places 
of egress are com¬ 
pleted. 


Escapement shafts 
or other places of 
egress shall be 
connected with 
each seam worked 
and the same 
shall be kept free 
of obstructions. 


Such passage¬ 
ways must be 
kept free of 
water. 


36 


MINING LAWS—STATE OF MONTANA. 


Signboards to be 
maintained at 
intersections. 


Other ' exits re¬ 
quired, when. 


Limit of distances 
of escapements 
from main shaft. 


Inflammable 
structures not to 
be maintained be¬ 
tween main shaft 
and other escape¬ 
ments. 


Powder magazines 
not to be located 
where. 


Equipment of es¬ 
capement shaft in 
rooms not deeper 
than one hundred 
feet. 


Stairways, hand¬ 
rails and plat¬ 
forms. 


drained that it will be impossible for water to accumu¬ 
late in any depression or dip of the same, in quantities 
sufficient to obstruct the free and safe passage of men. 
At all points where the passageway to the escapement 
shaft or other place of exit is intersected by other road 
ways or entries, conspicuous signboards shall be placed 
indicating the direction it is necessary to take in order 
to reach such place of exit. Where pillars are being 
drawn on an entry outside of where other men are work¬ 
ing, or where more than 50 per cent of the coal is taken 
out in rooms, connections for escapement shall be made 
with some adjoining entry to provide a safe exit for the 
men. 

Distance of Escapement From Main Shaft. 

Section 53. The distance between the main shaft and 
escapement shall not be less than one hundred feet where 
steel headframes are used, nor less than three hundred 
feet where wooden headframes are used, provided, that 
where slopes or drifts are driven in or on the coal strata, 
the distance between the escapement road or travelway 
and the slope drift or hauling way shall not be less than 
fifty feet. 

Buildings on Surface. 

Section 54. It shall be unlawful to erect any inflam¬ 
mable structure or building in any space intervening 
between the main shaft, slope or drift and the escape¬ 
ment shaft, slope or drift on the surface, or any powder 
magazine in such location or manner as to jeopardize the 
free and safe exit of the men from the mine .by said 
escapement shaft, slope or drift in case of fire in the main 
shaft, slope or drift buildings. 

Stairway or Cages in Escapement Shaft. 

Section 55. The escapement shaft at every mine which 
does not exceed one hundred feet in vertical depth shall 
be equipped with safe and ready means for the prompt 
removal of men from the mine in time of danger, aryl 
such means shall be a substantial stairway which shall 
be provided with handrails and with platforms or landings 
not more than ten feet apart. Where the escapement 
exceeds one hundred feet in vertical depth, in place of the 
stairway, it may be equipped with a cage for hoisting 



MINING LAWS—STATE OF MONTANA. 


men, and such cage must be suspended between guides 
and be so constructed that falling objects cannot 
strike persons being hoisted upon it. Such cage must 
be operated by steam or electricity which power shall be 
kept available for immediate use at all times and equip¬ 
ment of said hoisting apparatus shall include a depth 
indicator, a brake on the drum, a steel or iron cable and 
safety catches on the cage; and all such hoisting machin¬ 
ery must be inspected at least once each week by some 
competent person representing the operating company or 
owner. 

Obstructions in Escapement Shaft. 

Section 56. No accumulation of ice or obstruction of 
any kind shall be permitted in any escapement shaft, 
nor shall any steam be discharged into said shaft; and 
all surface or other water which flows therein shall be 
conducted by rings or otherwise, to receptacles for same 
so as to keep the stairway or cage free from falling water. 

Weekly Inspection of Escapements. 

Section 57. All escapement shafts and passageways 
leading thereto or to the works of a contiguous mine muse 
be carefully examined at least once each week by the 
mine foreman or by a man specially delegated by him for 
that purpose, and the date and findings of such inspec¬ 
tion must be entered in a record book in the office at 
the mine. If obstructions are found their location and 
nature must be stated together with the date on which 
they were removed. 

Communication With Adjacent Mines. 

Section 58. When operators of adjacent mines 'have by 
agreement established underground communication be¬ 
tween said mines as an escapement outlet for the men 
employed in both mines, the roadways to the boundary 
on either side shall be regularly patrolled once each week 
and kept clear of all obstructions to travel by respective 
operators, and the intervening door shall remain unlocked 
and ready at all times for immediate use. When such 
communication has once been established between ad¬ 
jacent mines, it shall be unlawful for the operator 01 
either mine to close the same without the consent of the 
contiguous operator and the State Coal Mine Inspector; 


S7 


In mines deeper 
than one hundred 
feet. 


Cages. 


No obstructions to 
be permitted in 
shafts or steam 
discharged 
therein. 


How surface 
waters to be man- * 
aged. 


Weekly examina¬ 
tions of escape¬ 
ment shafts and 
passageways. 


Record of inspec¬ 
tion to be kept. 


Maintenance of 
escapements be¬ 
tween adjacent 
mines and road¬ 
ways. 


Patrolling of road¬ 
ways. 


Intervening doors. 


Communications 
not to be closed 
without consent of 
each owner and 
mine inspector. 


38 


MINING LAWS—STATE OF MONTANA. 


Proviso: When 
one mine ceases 
operations. 


Ample means of 
ventilation to be 
provided and 
maintained. 


One hundred feet 
per minute for 
each person and 
six hundred per 
minute for each 
animal. 


Air required where 
fire damp exists. 


Measuiements of 
circulating air, 
when and where 
to be made. 


Records to be 
kept. 


In rooms generat¬ 
ing fire damp. 


When and where 
water gauge shall 
be maintained. 


provided, that when either operator desires to abandon 
mining operations the expense and duty of maintaining 
such communications shall devolve upon the party con¬ 
tinuing operations and using the same. 

Ventilation of Mines. 

Section 59. The owner, operator or superintendent of 
every coal mine, whether operated by shaft, slope or drift, 
shall provide and hereafter maintain ample means of ven¬ 
tilation for the circulation of air through the main entries, 
cross entries and all other working places, to an extent 
that will dilute, carry off and render harmless the noxious 
or dangerous gases generated in the mine, affording not 
less than one hundred cubic feet per minute for each 
and every person employed therein, and not less than six 
hundred cubic feet per minute for each and every animal 
in the mine; but in any mine, or section of a mine, where 
firedamp is generated not less than one hundred and fifty 
cubic feet of air per minute shall be provided for each per¬ 
son or as much more as may be necessary to keep such 
section free from firedamp. The quantities of air in'circu¬ 
lation shall be ascertained with an anemometer or other 
efficient instrument; such measurement shall be made by 
the foreman or his assistants once a week at the inlet 
and outlet airways, and also at or near the face of each 
entry, and shall be recorded in a book kept for that pur¬ 
pose at the mine office. The quantity of air as provided 
for in this Act for each person shall be conducted to each 
working place. 

In rooms generating firedamp the volume of air re¬ 
quired by this Act shall be conducted to the face thereof 
by the use of brattice cloth or other suitable means. 

Pressure Guages. 

Section 60. At each mine generating firedamp so as 
to be detected by a safety lamp a water guage for the 
purpose of recording the pressure or vacuum of the main 
air current shall be provided and maintained which shall 
be kept in constant use and records preserved subject 
to the inspection of the State Coal Mine Inspector or his 
authorized representative. 




MINING LAWS—STATE OF MONTANA. 


39 


Number of Persons Permitted to Work in Same Air 

Current. 

Section 61. The current of air in^mines must be split 
or subdivided 'SO as to give a separate current to a num¬ 
ber not exceeding one hundred men at work, and the 
Inspector has the discretion to order a separate current 
for a smaller number of men if special conditions render 
it necessary. 

Crosscuts and Brattices for Ventilation. 

Section 62. Crosscuts between the entries, except 
where same are within the confines of shaft bottom pil¬ 
lars, shall be made not exceeding sixty feet apart, unless 
sufficient brattice is used to keep the air current up to 
the entry face in which case they shall not exceed one 
hundred feet apart. When there is a solid block on one 
side of a room, crosscuts shall be made between such 
room and the adjacent room not to exceed sixty feet 
apart; where there is a breast or group of rooms, a cross¬ 
cut shall be made on one side or the other of each room, 
except the room adjoining said block, not to exceed fifty 
feet from the outside corner of the crosscut to the near¬ 
est corner of the entrance of the room and on the oppo¬ 
site side of the same room a crosscut shall be made not to 
exceed ninety feet from the outside corner of the cross¬ 
cut to the nearest corner of the entrance of the room, and 
thereafter crosscuts shall be made not to exceed eighty 
feet apart on each side of the room. The required air 
current shall be conducted to the crosscut nearest the face 
of each entry or room. 

Brattices between permanent inlet and outlet airways 
shall hereafter be constructed in a substantial manner of 
brick, blocks, masonry, concrete or nonperishable material. 
Rooms must not be worked in advance of the ventilating 
current. 

Operation of Ventilating Fans; Furnaces, Etc. 

Section 63. All ventilating fans, furnaces and any 
means in use to ventilate mines shall be kept in constant 
operation, day and night, in mines generating firedamp 
or where two shifts are being worked. Where no fire¬ 
damp is generated, or only one shift is worked, the fan, 
furnace or other means of ventilation shall be started and 


Separate currents 
of air to different 
numbers of men. 


Distances between 
cross-cuts. 


When cross-cuts 
are to be con¬ 
structed between 
different rooms. 


Air currents to be 
conducted to what 
cross-cuts. 


Brattices shall be 
constructed of 
what materials 
between 

permanent inlets 
and outlets. 


All ventilation 
fans and other 
means to be' kept 
constantly in 
operation in fire 
damp mines. 


40 


MINING LAWS—STATE OF MONTANA. 


Operation of 
means of ventila¬ 
tion in other 
mines. 


Duty of mine 
foreman or officers 
in charge when 
ventilating fans 
are compelled 
to stop. 


Attendants on 
ventilating fur¬ 
naces. 


Construction of 
air bridges or 
ever casts. 


Automatic closing 
of doors directing 
ventilation. 


Attendant. 


Room for attend¬ 
ant. 


Attendant to re¬ 
main at post of 
duty during, work¬ 
ing hours. 


Where extra doors 
shall be employed. 


kept running not less than two hours before the time to 
begin work. Should it at any time become necessary to 
stop the fan or other means of ventilation on account ot 
accident or needed repairs to any part of the machinery, 
furnace or other means of ventilation connected there¬ 
with, or by reason of any unavoidable cause, it shall then 
be the duty of the mine foreman, or any official in charge, 
after first having provided as far as possible for the safety 
of the persons employed in the mine, to order said fan 
or other means of ventilation to be stopped so as to make 
the necessary repairs or to remove any other difficulty 
that may have been the cause of such stoppage. All 
ventilating furnaces in mines shall, for two hours before 
the appointed time to begin work and during working 
hours, be properly attended by a person employed for the 
purpose. 

Over-casts, Air Bridges and Doors—How to be 
Constructed. 

Section 64. In all mines, all main airbridges or over¬ 
casts built after the passage of this Act shall be construct¬ 
ed of masonry or other incombustible material of ample 
strength, or be driven through the solid strata. In all 
mines the doors used in guiding and directing ventilation 
of the mine shall be so hung and adjusted that they will 
close themselves, or can be supplied with springs or pul¬ 
leys so that they cannot be left standing open, and an 
attendant shall be employed at all principal doors through 
which cars are hauled, for the purpose of opening and 
closing said doors when trips or cars are passing to and 
from workings, unless an approved self acting door is 
used. Necessary room shall be provided at each door 
so as to protect said attendant from being run over by 
the cars while attending to his duties, and persons em¬ 
ployed for this purpose shall at all times remain at their 
post of duty, during working hours. On every inclined 
plane, or where haulage is done by machinery, and where 
a door is used, an extra door shall be provided to use 
in case of necessity. 

Underground Stables. 

Section 65. Where livestock is kepit underground the 
stables or stalls shall be separated from the main aircourse 


MINING LAWS—STATE OF MONTANA. 


41 


\ 

by not less than twenty feet of solid strata or a solid 
wall of brick masonry or concrete, not less than twelve 
inches in thickness. The construction of the stable shall 
as far as possible, be free from all combustible material. 
No hay or straw shall be taken into the mine unless same 
be compressed into compact bales, and only from time 
to time in such quantities as will be required for two 
days’ use. No greater quantity of hay or straw shall be 
stored in the mine or stable and when such is taken in¬ 
side the mine it shall be taken to the stable at once and 
placed in a separate room provided therein for the same. 
The stable must be so placed that the air ventilating the 
same is returned immediately to the main outlet aircourse 
and not allowed to go further into the mine to where 
men are 4 working. The connections between the air- 
courses and the stables must be fitted with substantial 
doors, placed so that they can be readily reached in the 
event of fire in the stable. Where conditions prohibit the 
use of entirely incombustible material in the construction 
of the stable the doors leading to or from the same shad 
be made of iron or steel plate, not less than one quarter 
inch in thickness, set in masonry or concrete walls. The 
lights used in the 'Stable shall be incandescent lamps plac¬ 
ed so that same will not be injured by the stock .or the 
persons required to enter the stable, or lanterns of rail¬ 
road type suitable for using lard or signal oil, and only 
such oil shall be used therein. All refuse and waste shall 
be promptly removed from the stable in the mine and 
shall not be allowed to accumulate. 

Stable's constructed underground after the passage of 
this Act shall be located not nearer than one hundred 
and fifty feet to any opening to the mine used as a means 
of ingress or egress. 

Precautions When Approaching Abandoned Workings. 

Section 66. Whenever any working place of a mine 
approaches within one hundred feet of the abandoned 
workings of another mine as indicated by an accurate 
survey, or while driving any working place parallel with 
the workings of such abandoned mine within one hundred 
feet thereof, and such abandoned mine cannot be ex-' 
plored or when same contains firedamp or water which 


Stable and stalls 
to be kept sep¬ 
arate from main 
aircourses. 


Construction of 
Stables. 


Hay and straw. 


Ventilation of 
stables. 


Stable aircourse 
to be fitted with 
substantial doors. 


When doors must 
be of iron or steel 
plate. 


Lights in stable. 

Lamp oil. 

Removal of stable 
refuse and waste. 

Location of 
stables. 


Drill holes to be 
advanced in work¬ 
ing places ap¬ 
proaching certain 
abandoned; mines 
within one .hun¬ 
dred feet. 


42 


MINING LAWS—STATE OF MONTANA. 


Working places 
approaching aban¬ 
doned mines not 
known by actual 
survey. 


Supplies of tim¬ 
bers required to 
be constantly kept 
on hand. 


How and when 
caps, props and 
other timbers to 
be delivered. 


Size of clearance 
required on all 
hauling roads or 
entries where 
power is used. 


Clearance to be 
kept unobstructed. 


Where places of 
refuge must be 
cut, and size 
thereof. 


To be kept 
unobstructed. 


may inundate such working place, the mine foreman 
shall not permit such working place to be advanced until 
a drill hole has been extended not less than twelve feet 
in the centre of such working place and a flank hole not 
less than twelve feet extended on each rib, starting at 
the working face after taking out each cut of breaking. 

Whenever the limits of an abandoned mine are not 
known by actual survey the above rule shall apply when¬ 
ever any working place approaches within two hundred 
feet of the supposed limits of such abandoned mine. 

Timber and Supplies. 

Section 67. The operator of any mine shall keep an 
adequate supply of suitable timber constantly on hand, 
and deliver to the working place of each miner the props 
of approximate length, caps and other timbers * necessary 
to securely prop the roof thereof. Such props, caps and 
other timbers shall be delivered in mine cars at the point 
where the miner receives his empty cars or unloaded at 
the entrance to the room. 

Hauling Roads. 

Section 68. On all hauling roads or entries on which 
the hauling is done by machinery, where men have to 
pass to or from their work, and on all entries on which 
the hauling is done by draft animals, there shall be a 
clearance on one side of at least two and one-half feet 
between the car and the rib of such entry. This place 
shall be kept free from all obstructions and no material 
shall be placed thereon. In mines already opened prior 
to the passage of this Act where such clearance does not 
exist, or in mines where mining conditions prohibit the 
driving of entries wide enough to give such clearance, 
places of refuge must be cut in the side wall at least three 
feet wide, two and one-half feet deep, five feet high and 
not more than twenty yards apart, but such places jf 
refuge shall not be required in entries from which rooms 
have been driven at regular intervals not exceeding 
twenty yards. All such places of refuge must be kept 
clear of obstructions and no material shall be stored nor 
allowed to accumulate therein. 

Airways. 

Section 69. It shall be the duty of the owner, lessee or 



MINING LAWS—STATE OF MONTANA. 


43 


operator of every coal mine to provide and maintain air¬ 
ways of sufficient dimensions and in no case shall the 
area of the aircourse be less than twenty-five feet in mines 
operated on the room and pillar system. 

Drainage, Traveling Ways. 

Section 70. Standing or stagnant water shall not be 
allowed to remain in travelling ways, nor shall the intake 
airways be used by miners or other persons as a depos¬ 
itory for excrement or any other refuse. Obstructions 
of any kind must not be placed in crosscuts, rooms or 
entries used as main airways. Where necessary to pro¬ 
vide a travelling way other than the main entries, slope or 
drift in any mine for men going to or returning from 
their work, the same shall be kept clear from debris or 
obstructions of any kind, and all loose coal, slate and rock 
overhead or in rib in travelling ways, where miners have 
to travel to or from their work, must be taken down or 
carefully secured. 

Examination by Foreman. 

Section 71. All maim airways or travelling ways in 
any underground workings shall be examined at least 
twice a week by the mine foreman or some other com¬ 
petent person so directed by said mine foreman and a 
record of such inspections shall be kept at the mine 
office. 

Removal of Combustible Matter. 

Section 72. It shall be the duty of the mine foreman 
or his assistant in charge of any coal mine where coal 
dust or any other inflammable material may accumu¬ 
late >to cause the same to be properly saturated with 
water or with some compounds or chemicals used for 
such purpose as often as necessary in either aircourses 
or entries, or all accumulated matter, explosive in its 
nature, shall be removed from the mine. 

Mine Foreman and His duties. 

Section 73. In order to secure efficiency in the coal 
mines the operator or superintendent shall employ a com¬ 
petent and practical foreman; said mine foreman shall 
have passed an examination and obtained a certificate of 
competency as required by this Act, and said mine fore- 


Dimensions of air¬ 
ways and duty of 
owners and oper¬ 
ators. 


Traveling ways 
and intake of air¬ 
ways; drainage 
and clear of filth. 


Obstructions in 
crosscuts or rooms 
or entries in air- 
days forbidden. 


Traveling ways to 
be kept unob¬ 
structed, and * 
loose coal and 
rock overhead 
removed. 


Mine foreman 
shall examine 
twice per week, 
what. 


Record of inspec¬ 
tion to be kept. 


Coal dust and 
other inflammable 
matter to be kept 
saturated. 


Competent and 
practical mine * 
foreman must be 
employed. 


Duties of foreman. 


44 


MINING LAWS—STATE OF MONTANA. 


Inspection and 
duties of mine 
foreman and 
deputies. 


When substitute 
for mine foreman 
shall be appointed. 


Qualifications of 
substitute. 


Duties of mine 
foreman and as¬ 
sistants regarding 
unsafe places. 


What coal mines 
shall require a 
mine examiner. 


Duties of mine 
examiner. 


Must mark date 
of his inspections 
on face of coslI. 


man shall devote the whole of his time to his duties at 
the mine when in operation. 

The mine foreman or his assistant shall visit and ex¬ 
amine every working- place in the mine at least each alter¬ 
nate day while the miners of such plaices are or should 
be at work and shall examine and see that each working 
place is secured by timbering so that the safety of the 
mine is assured; he shall see that a sufficient supply of 
timbers and material is always on hand at the working 
places in compliance with this Act. 

When the mine foreman is personally unable to carry 
out the requirements of this Act a-s pertaining to his 
duties, on account of sickness or of other unavoidable 
conditions, a competent person shall be appointed to act 
in his place. The said person so appointed shall possess 
a certificate of competency, either as mine foreman or 
mine examiner as provided for in this Act, or shall re¬ 
ceive a permit to act as such from the State Coal Mine 
Inspector’s office within thirty days after taking charge. 

Whenever such mine foreman, his assistant or assis¬ 
tants, shall have an unsafe place reported to him or them, 
he or they shall order and direct that the same be placed 
in a safe condition and until such is done no person or 
persons shall enter such unsafe place except for the pur¬ 
pose of making it safe. 

Mine Examiners and Their Duties. 

Section 74. A mine examiner shall be required at all 
coal mines generating dangerous and explosive gases. 

His duty shall be to visit the mine before the men are 
permitted to enter it and, first, he shall see that the 
air current is travelling in its proper course and quantity. 
He shall inspect all places where men are expected to pass 
or to work and observe if there are any recent fall or 
obstructions in rooms and roadways or accumulations of 
fire damp or other unsafe conditions. 

He shall especially examine the edges and accessible - 
parts of recent falls and old gobs and aircourses. As 
evidence of such examination he shall mark with chalk 
upon the face of the coal his initial and the date of the 
month and year; if there is any standing gas discovered 
he shall leave a danger signal across every entrance to 
such place. 



MINING LAWS—STATE OF MONTANA. 


45 


He shall make a report on a blackboard provided on 
the outside of the mine, or at some other convenient 
place, for that purpose and arranged so that the men 
can inspect it while passing to their work showing the 
conditions of the mine as to the presence of fire damp, 
and indicating the place or places where present if any 
is present, before he permits any person or persons to 
enter the mine. He shall complete his inspection before 
the time for the day shift men to go to work an,d shall 
personally check each miner or loader into the mine, ad¬ 
vising each as to the condition of his working place and 
holding back any man whose working place is in danger¬ 
ous condition. He shall return to the mine with such 
miners or loaders thus held back and remain there attend- 
to the removal of any standing gas. 

He shall examine parts of the mine not in actual course 
of working and variable, not less than once each three 
days. He shall see that every part of the mine is kept 
free from standing gas and all old workings are properly 
fenced off. He shall examine the mine on idle days and 
Sundays if any men are required to work in any part of 
it, and, if any time elapse between the day turn leaving 
and night turn starting, the places to be worked by night 
turn must be examined by him with a safety lamp and 
reported safe before persons go to them. He shall make 
a daily record of the conditions of the mine as he has 
found them, in a book kept for that purpose", which shall 
be preserved in the office of the company. No miner or 
loader, when advised by the mine examiner that his work¬ 
ing place is dangerous, shall leave the bottom of the shaft 
or the main partings on slopes or drifts until accompanied 
by the mine examiner. 

Safety Lamps. 

Section 75. At any mine where firedamp or other ex¬ 
plosive gases are being generated so as to require the 
use of safety lamps in any part thereof the operator of 
such mine, upon receiving notice from the State Coal 
Mine Inspector or the mine examiner that one or more 
lamps are necessary to the safety of the men in such mine, 
shall at once procure and keep for use such number of 
the most improved safety lamps as may be necessary. 


Shall post on 
blackboard the 
condition of the 
mine. 


When inspection 
to be completed. 


Checking men and 
warning them. 


Removal of stand¬ 
ing gas. 


Examinations of 
other parts of 
mine, and when 
examinations 
shall be made. 


To make daily 
records. 


When safety 
lamps shall be 
furnished, and 
number thereof. 


4 6 


MINING LAWS—STATE OF MONTANA. 


Lamps the prop¬ 
erty of owner or 
operator. 


Lamps to be 
locked. 


Where none but 
safety lamps 
shall be used. 


Only authorized 
person to have 
keys to safety 
lamps. 


No lucifer matches 
or other lights to 
be taken into such 
mires. 


Blasting in gas 
bearing mines. 


Regulating the 
taking and hand¬ 
ling of explosives 
in mines. 


All safety lamps used for working therein shall be the " 
property of the operator and shall remain in the custody 
of the mine foreman or other competent person, who shall 
clean, trim and fill, examine and deliver the same, locked 
and in safe condition, to the men when entering the min-,', 
and shall receive the same from the men at the end of 
their shift. Persons using such lamps shall be responsible 
for the conditions and proper use of safety lamps while in 
their possession. 

Only Safety Lamps to Be Used. 

Section 76. In every working approaching any place 
where there is likely to be an accumulation of explosive 
gases, or in any working where danger is imminent from _ 
explosive gases, no light or fire other than a locked safety 
lamp shall be allowed or used. 

Keys for Safety Lamps. 

Section 77. No one except a duly authorized person 
shall have in his possession a key or other contrivance for 
the purpose of unlocking any safety lamp in any mine 
where locked safety lamps are used. No lucifer matches 
or any other apparatus for striking light shall be taken 
into said mine or parts thereof. 

Firing of Blasts Where Safety Lamps are Used. 

Section 78. In any mine where locked safety lamps 
are used no blast shall be fired in such portion of the 

mine except by permission of the mine foreman or lfis 

assistants, and before a blast is fired the person in charge 
must examine the place and adjoining places and satisfy 
himself that it is safe to fire such blast before such per¬ 
mission is given. 

Storing of Explosives in Mines. 

Section 79. No workman shall have at any time more 

than one twenty-five pound keg of black powder in the 

mine nor more than five pounds of highly explosives. 
Everv person who has powder or other explosives in a 
mine shall keep it or them in a wooden or metallic box or 
boxes, securely locked, and said boxes shall be kept at 
least five feet from the track and no two powder boxes 
shall be kept within twenty-five feet of each other nor 
shall black powder and high explosives be kept in the 
same box. 



MINING LAWS—STATE OP MONTANA. 


47 


Manner of Handling Explosives. 

Section 80. Whenever a workman is about to open 
a box or keg containing powder or other explosives and 
while handling the same he shall place and keep his lamp 
at least five feet distance from such explosive, and in 
such position that the air current cannot carry sparks to 
it, and no person shall approach nearer than five feet to 
any open box containing powder or other explosives with 
a lighted lamp, lighted pipe or other thing containing fire. 

Copper Tools. 

Section 81. In the process of charging and tamping a 
hole, no person shall use an iron or steel pointed needle. 
The needle used in preparing a blast shall be made of 
copper and the tamping bar shall be tipped with at least 
five inches of copper. Some soft material must always 
be placed next the cartridge or explosive. 

System of Blasting. 

Section 82. A workman who is about to> explode a 
blast with a squib shall not shorten the match, saturate 
it with oil, or ignite it except at the extreme end; he shall 
see that all persons are out of danger from probable 
effects of such shots, and shall take . measures 
to prevent any one from approaching by shouting “Fire” 
immediately before lighting the fuse or squib. 

When firing shots in close proximity to other work¬ 
men on rib or in crosscut driven for air or other pur¬ 
poses, he or they, firing such shots, shall notify in person 
or by signals the workmen in adjoining rooms or other 
place or entry. 

When a squib is used and a shot misses fire no person 
shall return until five minutes shall have elapsed. When 
a fuse is used and a shot misses fire no person shall return 
until one hour for each foot of fuse shall have elapsed. 
When it is necessary to tamp dynamite, nothing but a 
wooden tamper shall, be used. 

No hole shall be drilled to a greater depth than the 
cut or shearing, neither shall fine coal, coal dust or any 
combustible material be used for tamping any hole. 

No workman shall put off any blast in any mine known 
as a “following shot.” 

At all coal mines the firing of shots shall be restricted 


Precautions to be 
observed in open¬ 
ing and handling 
powder. 


Charging and 
tamping powder: 
Copper tools to be 
used. 


Manner of firing 
blasts. 


Notices and sig¬ 
nals of firing to be 
given when. 


When shot mis¬ 
fires, can be ap¬ 
proached when. 


Tamping dyna¬ 
mite. 


Drilling and tamp¬ 
ing holes. 


“Following shot.” 


48 


MINING LAWS—STATE OF MONTANA. 


Shots to be fired 
at end of &hift, 
except when. 


Time, rotation and 
signals for firing. 


Roof to be exam¬ 
ined and secured 
after shots. 


Securing draw- 
slate. 


Disposition of fine 
coal and coal dust. 


More rules for 
firing shots. 


Each miner shall 
examine his work¬ 
ing place before 
commencing work. 


If place found to 
b > dangerous he 
shall cease' work 
and report it to 
foreman. 


To leave warning 
at pla.ce found 
dangerous. 


Each miner to 
prop roof in his 
working place and 
obey orders 1 of the 
superintendent 
relative thereto. 


to a specific time at the end of each shift, except that in 
entries, slants and doom necks, when necessary, one snub¬ 
bing- shot may be fired in each at the middle of the shift. 
No miner shall fire a shot until the time appointed for him 
to do so and then only in such rotation as designated by 
the proper authority. After each blast he shall exercise 
great care in examining the roof and coal and shall secure 
them safely before beginning to load coal. Where shoot¬ 
ing is done by shift work the same precaution shall be 
used by some person or persons designated by the oper¬ 
ator. 

When drawslate is over the coal the miner shall not 
go underneath the drawslate until it is made safe from 
falling by securely posting it, and lie shall not remove 
the posts until the coal is removed and he is ready to 
take down the drawslate. He shall not place in the gob 
or refuse pile any fine coal or coal dust but shall load 
same into cars. When more than one shot is to be fired 
at the same time with fuse, in the same working place, 
different lengths of fuse shall be used so as to prevent 
any possibility of the shots going off simultaneously 

Care of Working Places. 

Section 83. Each miner shall examine his working 
place upon entering the same and shall not commence to 
mine or load until it is made safe. He shall be very 
careful to keep his working place in safe condition at all 
time. 

Should he at any time find his place becoming danger¬ 
ous from any cause or condition, to such an extent that 
he is unable to take care of the same personally, he shall 
at once cease work and notify the mine foreman, or his 
assistant as provided for hereinbefore in this Act, of such 
danger, and upon leaving such place he shall place some 
plain warning at the entrance thereto to warn others from 
entering into said danger and he shall not return to his 
place until ordered to do so by the mine foreman or his 
assistant. Each miner, or other person employed in ;t 
mine, shall securely prop the roof of the working place 
therein under his control, and shall obey any order or 
orders given by the Superintendent or mine foreman relat¬ 
ing to the width of his working place or safety of the 


MINING LAWS—STATE OF MONTANA. 


49 


same. Such miner or other person shall not be held to 
have violated the provisions of this section if the owner, 
lessee, agent, superintendent or mine foreman fail to sup¬ 
ply the necessary props, caps, timbers or necessary mater¬ 
ial as provided for in this Act. 

Each miner or other person shall avoid waste of props, 
caps, timber or other material. When he has props, caps, 
timber or other material unsuited for his purpose he shall 
not cover them up or destroy them but shall place same 
near the track where they can be readily seen. 

Duties of Machine Men. 

Section 84. Machine runners and helpers shall use 
care while operating mining machines. They shall not 
operate a machine unless the shields are in place and shall 
warn all persons not engaged in the operating of a 
machine of the danger in going near a machine while in 
operation, and shall not permit such persons to remain 
near the machine while in operation. They shall exam¬ 
ine the roof of the working place and see that it is safe 
before starting to operate the machinery. They shall not 
move the machine while the cutter chain is in motion. 

When connecting the power cable to electric wires 
they shall make the negative or grounded connections 
before connecting to the positive and, when disconnect¬ 
ing the power cable, shall disconnect from the positive 
line before disconnecting the negative, or grounded. When 
positive feed wires extend into rooms they shall connect 
such wires to the positive wire on the entry before con¬ 
necting the power cable and as soon as the power cable 
is disconnected shall disconnect such wire from the wire 
on the entry. They shall use care that the cable does 
not come in contact with metallic rails of the track and 
shall avoid, where possible, leaving the cable in water. 
If any machine men remove props which have been placed 
by the miner for the security of the roof, they shall reset 
such props as promptly as possible. 

Duties of Motormen, Trip Riders and Drivers. 

Section 85. Motormen and trip riders shall use care 
in handling the motors and cars and shall see that signals 
or markers, as provided for, are used as provided, and 
shall be governed by the speed provided for in this 


When not to be 
held guilty of 
violation of this 
act. 


Preservation of 
timbers, props, 
and materials by 
miner. 


Duties of persons 

operating 

machines. 


Examination of 
roof. 


Not to move 
machines when. 


In making electri¬ 
cal connections. 


Disconnecting. 


Connecting and 
disconnecting 
positive feed 
wires. 


Other duties. 


Duties of motor- 
men and trip 
riders. 


50 


MINING LAWS—STATE OE MONTANA. 


Motors to be run 
ahead. 


Not to permit 
riding on motor 
cars, when. 


Duties of drivers. 


Doors used in 
directing ventila¬ 
tion to be closed. 


Firedamp produc¬ 
ing mines not to 
be entered until 
when. 


Must not pass be¬ 
yond danger 
signal. 


Persons ordered 
out not to re-enter 
until when. 


Caution boards 
and danger signals 
not to be removed 
except by mine 
inspector. 

Survey reference 
marks and monu¬ 
ments not to be 
erased or changed. 

Nor change dates 
made by examiner 
in mine, or checks 
on cars. 

Pipes and other 
things on fire not 
to be taken in 
mine. 

Other things for¬ 
bidden. 


Act in handling cars. They shall not run the motors 
with the trolly ahead of the motors, except in case where 
they cannot do the alternative, and then only at a speed of 
two miles an hour. They shall warn persons forbidden 
to ride on the motors or cars, and shall not permit such 
persons to ride on motors or cars contrary to the pro¬ 
visions of this Act. 

Drivers shall use care in handling cars, especially when 
going down extreme grades and at junction points. 

Motormen, trip riders and drivers in charge of haul¬ 
age trips passing through doors used as a means of di¬ 
recting the ventilation, shall see that such doors are 
closed promptly after the trip passes through. 

Duties of Other Employees. 

Section 86. No person shall enter a mine generating 
firedamp so as to be detected by a safety lamp until the 
mine examiners make a report on the blackboard for that 
purpose as hereinbefore provided for in this Act. 

No person, unless accompanied by the mine exam¬ 
iner, shall go beyond a danger signal until all standing 
gas discovered has been removed or diluted and rend¬ 
ered harmless by a current of air. Any person being 
ordered to withdraw by the mine foreman or mine exam¬ 
iner from the mine on account of the interruption of the 
ventilation shall not re-enter the mine until given per¬ 
mission to do so by the mine foreman. 

No person other than the mine examiner shall remove 
any caution board or danger signal placed at the entrance 
to any working place or at the entrance to any old work¬ 
ings in a mine. 

No person shall erase or change a* mark of reference 
or monument made in connection with a measurement; 
change marks or dates or any caution board, or erase or 
change the dates at room or entry face, when made by 
the mine examiner; change the checks on cars, wrong¬ 
fully check a car or do any act with intent to defraud. 
No person shall take a lighted pipe or other thing con¬ 
taining fire, except lanterns as provided for in this Act, 
into any underground stable or barn. 

No person shall place refuse in or obstruct any air¬ 
way or breakthrough used as an airway. No workman 


MINING LAW1S—STATE OF MONTANA. 


5* 


or other person shall injure a water gauge, barometer, 
aircourse, brattice equipment, machinery or live stock; 
obstruct or throw open any airway; handle or disturb 
any part of the machinery of the hoisting engine of a 
mine; open a door of a mine and neglect to close it; en¬ 
danger the miners or those working therein; disobey an 
order given in pursuance of law, or do a wilful act where¬ 
by the lives and health of persons working therein or the 
security of a mine or machinery connected therewith may 
be endangered. / 

Persons Permitted to Ride on Haulage Trips. 

Section 87. No person or persons except those in 
charge of trips, superintendents, mine foremen, mine 
examiners, electrician, mechanics and blacksmiths, when 
required by their duty, shall ride on haulage trips, except 
where by mutual agreement in writing between the super¬ 
intendent or agent and the employees a special trip of 
empty cars is run for the purpose of taking employees 
into or out of the mine, or empty cars are attached to 
loaded trips, which shall not be run at a speed exceeding 
six miles per hour. 

Employees Shall Not Loiter Nor Use Intoxicants Around 
the Mine. 

Section 88. Each employe of a mine shall go to or 
from his place of duty by the traveling ways provided; 
shall not travel around the mine or the buildings, where 
duty does not require, and when not on duty shall not 
loiter at, in or around the mine, the buildings or machin¬ 
ery connected therewith, except by permission of the 
owner, lessee, operator, superintendent or foreman. 

No person shall go into or around a mine, the buildings 
or the machinery connected therewith, while under the 
influence of intoxicants. No person shall use, carry or 
have in his possession, at, in or around a mine, the build¬ 
ings or the machinery connected therewith, any intox¬ 
icants. 

Top and Bottom Men. 

Section 89. At every shaft, operated by steam or other 
power, the operator must station at the top and the bot¬ 
tom of such shaft a competent man, charged with the 
duty of attending to signals, preserving order and enforc- 


Persons, only, who 
are permitted to 
ride on haulage 
trips. 


Employees to use 
traveling ways 
provided, and not 
to loiter around 
the mines. 


Drunken persons 
to be kept away. 


Intoxicants not to 
be used or had 
around the mine. 


A competent man 
to be placed at 
top and bottom 
of shaft, when. 


52 


MINING LAWS—STATE OF MONTANA. 


When sufficient 
lights shall be 
maintained at 
cage or car land¬ 
ings. 


Regulations for 
hoisting or lower¬ 
ing men. 

Speed of cage or 
car. 


Limit of number 
on car. 


Things forbidden 
in cage or car 
when men are 
being hoisted or 
lowered. 


Requirements in 
cages. 


Duty of rope 
rider. 


Other duties of 
rope rider. 


To prevent more 
than twelve on a 
car or cage. 


ing rules, during the carriage of the men on cages. 

Lights on Landings. 

Section 90. Whenever the hoisting or lowering of men 
occurs before daylight or after dark, or when the landing 
at which men leave or take the cage, car or cars is at 
all obscured by steam or otherwise, there must always 
be maintained at such landing a light sufficient to show 
the landing and surrounding objects distinctly. Lights 
shall also be maintained at each landing and the bottom 
of all shafts while men are at work underground. 

Regulations for Hoisting or Lowering of Men. 

Section 91. Cages in shafts, or cars in any slope, on 
which men are riding shall not be lifted or lowered at 
a rate of speed greater than six hundred feet per min¬ 
ute. 

No more than twelve (12) persons shall ride on any 
cage or car at any one time except where specially con¬ 
structed man cars are used on a slope. 

No person shall carry any explosives, tools, timber or 
other material with him on a cage, car or cars in motion, 
in any shaft or any slope or incline plane while the men 
are being hoisted or lowered, except for use in repairing 
the shaft, slope or incline plane. 

No cage having an unstable or self dumping platform 
shall be used for the carriage of men or materials unless 
the same is provided with some device by which the plat¬ 
form can be securely locked, and unless it is so locked 
whenever men or materials are being conveyed thereon. 

The rope rider on any slope or incline plane shah, 
during working hours, see that all ropes and signals are 
in perfect working order, and, if he perceives anything 
wrong, he shall at once report the same to the mine fore¬ 
man or his assistant. 

He must be cautious when men are being hoisted out 
of or lowered into any slope and shall see that all safety 
appliances are properly attached and that all cars are 
securely coupled. He shall pay strict attention to all 
signals. 

When more than twelve persons get on a cage or on 
one car on a slope or incline plane, except as above pro¬ 
vided for, the bottom man, top man, or rope rider in 


MINING LAWS—STATE OF MONTANA. 


53 


■charge of the lowering and hoisting of such persons shall 
order a sufficient number to get off to reduce the num¬ 
ber to twelve persons on the cage or car, and the per¬ 
son or persons so ordered shall immediately comply. 

The car or cars used to hoist or lower men into or 
out of any slope or on any plane shall be connected by 
safety chains, or some safety appliance must be used to 
maintain the trip in case of breakage of coupling or other 
connection. 

Rights of Men to Come Out. 

Section 92. Whenever men who have finished their 
days work, or who have been prevented from further 
work for any cause, shall come to the bottom of any 
shaft to be hoisted out, a cage shall be given them for 
that purpose, unless there is an available exit by slope 
or stairway in an escapement shaft, and providing there 
is no coal at the bottom to be hoisted. Whenever the 
designated number of persons for a cage load shall arrive 
at the bottom of the shaft in which persons are regularly 
hoisted or lowered they shall be furnished with an empty 
cage and be hoisted. 

Stretchers, Blankets, Etc. 

Section 93. At every mine where men are employed 
underground it shall be the duty of the operator thereof 
to keep always on hand and at some readily accessible 
place a properly constructed stretcher, a woolen and 
waterproof blanket, and roll of bandages, in good condi¬ 
tion and ready for immediate use, for binding, covering 
and carrying anyone who may be injured at the mine; 
also to provide a comfortable apartment near the mouth 
of the mine in which any one so injured may rest while 
awaiting transportation home, and to provide for the 
speedy transportation of any one injured in such mine to 
his home. When more than one hundred and fifty men 
are employed in any one mine two stretchers, two woolen 
and two water proof blankets, with a corresponding sup¬ 
ply of bandages, shall be provided and kept on hand. 
There shall also be provided and kept in store a suitable 
supply of linseed or olive oil for use in case men are 
burned by an explosion or otherwise. 


Safety appliances 
on cars. 


When the cage 
shall be given to 
men through work 
or prevented from 
work by any 
cause. 


Equipments for 
injured men re¬ 
quired to be kept 
at mine. 


Apartment for 
injured men. 


Transportation of 
injured men to 
their homes. 


Amount of sup¬ 
plies and equip¬ 
ments Jto be kept 
for injured men 
in large mines. 


54 


MINING LAWS—STATE OF MONTANA. 


Oils to Be Used in Coal Mines. 


Standard of illum¬ 
inating oils 
which may be 
used in coal 
mines. 


Proviso. 


Markings and 
labels required 
upon each pack¬ 
age containing 
illuminating oils 
sold or shipped 
for such purposes. 


Requirements of 
labels. 


Section 94. (a). No person, firm or corporation shall 

compound, sell or offer for sale, for illuminating purposes 
in any coal mine, any oil other than oil composed of not 
less.than eighty-four percent of pure animal or vegetable 
oil, or both, and not more than sixteen per cent pure 
mineral oil, the gravity of such animal or vegetable oil 
shall not be less than twenty-one and one-half and not 
more than twenty-two and one-half degrees Baume scale 
measured by Tagliabue or other standard hydrometer, at 
a temperature of sixty degrees Fahrenheit; the gravity 
of such mineral oil shall not be less than thirty-four and 
not more than thirty-six degrees Baume scale, measured 
by Tagliabue or other standard hydrometer, at a tem¬ 
perature of sixty degrees Fahrenheit, and gravity of the 
mixture shall not exceed twenty-four degrees Baume scale, 
measured by Tagliabue or other standard hydrometer, 
at a temperature of sixty degrees Fahrenheit. It is pro¬ 
vided, however, that any material that is as free from 
smoke and bad odor, and of equal merit as an illumnant 
as pure animal or vegetable oil, may be used at the p^as- 
ure of mine operators and miners. 

(b) Each person, firm or corporation compounding oil 
for illuminating purposes in a coal mine or mines, shall, 
before shipment thereof is made, securely brand, -stencil 
or paste upon the head of such barrel or package, a label 
which shall have plainly printed, marked or written there¬ 
on the name and address of the person, firm or corpora¬ 
tion compounding the oil therein contained, the name and 
address of the person, firm or corporation having pur¬ 
chased same, the date of shipment, the percentage and 
gravity in degrees Baume scale, at a temperature of sixty 
degrees Fahrenheit, of each of the competent parts of ani¬ 
mal, vegetable and mineral oil contained in the mixture, 
and the gravity in degrees Baume scale of the mixture, at 
a temperature of sixty degrees Fahrenheit. 

Each label shall have printed thereon, over the fac¬ 
simile signature of the person, firm or corporation having 
compounded the oil, the following: “This package con¬ 
tains oil for illuminating purposes in coal mines in the 
State of Montana, and the composition thereof as shown 
herein is correct.” 


MINING LAWS—STATE OF MONTANA. 


55 


(c) No person, firm or corporation shall sell or offer 
for sale any oil for illuminating purposes in any coal 
mine unless the barrel or package in which such oil was 
received bears the label of the compounder as provided in 
this Act. 

Each person, firm or corporation selling or offering far 
sale any oil for illuminating purposes in any coal mine, 
shall, upon request of the State Coal Mine Inspector, or' 
of any officer or duly authorized agent of any owner or 
lessee of a coal mine located within five miles of the 
point where such oil is offered for sale, or of any coal 
miner, submit such oil for examination, and upon request 
give a sample of such oil from one or more original con¬ 
tainers selected by such inspector, officer, agent or miner 
for the purpose of making a test thereof. 

(d) No person shall adulterate any oil, either before 
or after taking same from original containers, and shall 
not alter, transfer or re-use any label placed upon any 
container. 

(e) No person shall use for illuminating purposes in 
any coal mine any oil other than oil specifically pro¬ 
vided for in this Act. Each person while in a coal mine 
shall, upon request of the Inspector of mines or any offi¬ 
cer or duly authorized agent of the owner or lessees, 
submit his lamp and supply of oil for examination and 
upon request give sample of oil for purpose of making 
test thereof, and state from whom purchased. 

The provisions of this Act relating to compounding, 
sale and use of oil for illuminating purposes in coal 
mines shall apply to oil used in lamps for open lights 
only, but do not apply to drivers, rope riders or motor 
men while acting in such capacity. The oil used in safety 
lamps may be of such composition as will best serve the 
purpose. 

Boundary Lines. 

Section 95. In no case shall the workings of a coal 
mine be driven nearer than ten feet to the boundary line 
of the coal rights pertaining to said mine, except for the 
purpose of establishing connecting workings between 
properties owned by the same person or an underground 
communication between contiguous mines as provided for 
elsewhere in this Act. 


Illuminating oils 
shall not be sold 
for use in coal 
mines without 
the required label. 


When dealer shall 
submit oils for in¬ 
spection and tests. 


Adulterations of 
oils forbidden. 


Other illuminating 
oils not to be 
used. 


Lamps and sup¬ 
plies of oil to be 
supplied. 


In what lamps oil 
compounds pro¬ 
vided for in Act 
required to be 
used. 


Boundary lines 
not to be ap¬ 
proached nearer 
than ten feet ex¬ 
cept when. 


56 


MINING LAWS—STATE Of MONTANA. 


When notice to be 
given to State 
Mine Inspector. 


Accidents. 


Work commenced 
to sink shaft. 

When mine is to 
be abandoned. 


Appearance of 
large bodies of 
firedamp. 

Serious fires. 


Works ap¬ 
proaching aband¬ 
oned mine. 


Accidental closing 
or intended aban¬ 
donment of es¬ 
capements. 


Duty of State 
Coal Mine In¬ 
spector in case of 
serious accidents. 


Duty of operator 
in such cases. 


State Coal Mine 
Inspector may 
make other in¬ 
vestigations. 


To make and 
preserve records. 


Powers in mak¬ 
ing investigation. 


Notice toi Inspectors. 

Section 96. Immediate notice must be conveyed to 
the State Coal Mine Inspector by the operator interested : 

First: Whenever an accident occurs whereby any per¬ 
son receives serious or fatal injury: 

Second: Whenever work is commenced to sink a shaft, 
slope or drift, either for hoisting or escapement purposes: 

Third: Whenever it is intended to abandon any mine 
or to reopen any abandoned mine: 

Fourth: Upon the appearance of any large body of fire 
damp in mine, whether accompanied by explosion or nor, 
and upon the occurence of any serious fire within the 
mine or on the surface around the mine. 

Fifth: When the workings of any mine are approach¬ 
ing near any abandoned mine believed to contain accu¬ 
mulation of water or gas. 

Sixth: Upon the accidental closing or intended aban¬ 
donment of any regularly established passageway to an 
escapement outlet. 

Duty of Inspectors. 

Section 97. When advised by an operator of any acci¬ 
dent in a coal mine involving loss of life or serious pei- 
sonal injury the State Coal Mine Inspector shall, if he 
deem it necessary from the facts reported, and in all 
cases of loss of life, immediately go to the scene of said 
accident or send some competent person authorized by 
him. It shall, moreover, be the duty of every operator 
of a coal mine, or his agent, to make and preserve for 
the information of the Inspector, upon uniform blanks 
furnished by the said Inspector, a record of all injuries 
sustained by any employees in the pursuance of their 
regular occupation. 

The State Coal Mine Inspector may also make any 
original or supplementary investigation which he may 
deem necessary as to the nature and cause of any acci¬ 
dent within his jurisdiction and shall make a record of 
the circumstances attending the same and of the result of 
his investigations for preservation in the files of his office. 

To enable him to make such investigation he shall have 
the power to compel the attendance of the witnesses and 
to administer oaths or affirmations to them, and the 


MINING LAWiS—STATE OF MONTANA. 


57 


cost of such investigation shall be paid by the County 
in which such accident has occurred in the same man¬ 
ner as the cost of coroner’s inquest is paid. 

Coroner’s Inquest. 

Section 98. If any person is killed by any explosion 
or other accident, the operator must also notify the cor¬ 
oner of the County, his authorized deputy or, in the ab¬ 
sence of either or in the inability of either to act, any 
justice of the peace of said County for the purpose of 
holding an inquest concerning the cause of such death. 
At such inquest the State Coal Mine Inspector, his deputy 
or authorized representative shall offer such testimony 
as he may be 'possessed of, and he may question or cross 
question any witness appearing in the case, and the own¬ 
er, agent or manager of the coal mine, either in person 
or by counsel, shall also be at liberty to examine or 
cross examine any witness at any such inquest. 

Any person having personal interest in or employed in 
the management of the mine in which the accident oc¬ 
curred shall not be qualified to serve on the jury em¬ 
panelled on the inquest; and it shall be the duty of the 
constable or other officer not to summon any person dis¬ 
qualified under this provision, and it shall be the duty ol 
the coroner not to allow any such person to be sworn 
or sit on the jury; nevertheless, when possible, one third 
of the jurymen shall be miners. 

Unless the State Coal Mine Inspector, or some per¬ 
son authorized by him, is present at an inquest held upon 
the body of any person, where death may have been caus¬ 
ed by any such accident, the coroner shall adjourn the 
same and, by written notice or telegram delivered or sent 
to the State Coal Mine Inspector <at least two days before 
holding the adjourned inquest, give notice of the time 
and place of the holding of the same. Before such ad¬ 
journment the coroner, his authorized deputy or the 
justice of the peace, may take evidence to identify the 
body and order the interment thereof. 

Code of Signals at Coal Mines. 

Section 99. At any coal mine operated by shaft more 
than one hundred feet in depth, or by slope, the manner 
of signalling to and from the bottom man, the top man. 


Cost of investiga¬ 
tions. 


Operator to noti¬ 
fy County Coro¬ 
ner in case of ac¬ 
cidental death, 
or in his absence 
a justice of the 
peace. 


Duty of Coal 
Mine Inspector at 
such inquest. 


.Conducting in- 
*quest. 


Interested per¬ 
sons and man¬ 
aging employees 
not to act as 
jurors. 


Duty of Constable 
or other officer. 


Miners on jury. 


Adjournment of 
inquest when 
State Coal Mine 
Inspector or some 
person authorized 
by him is not 
present. 


Notice to In¬ 
spector. 


Code of signal. 


MINING LAWS—STATE OF MONTANA. 


58 


Shall consist of 
what in mines are 
more than one 
hundred feet 
deep. 


One ring- or 
whistle. 


Two rings or 
whistle. 


Three rings or 
whistles.' 


Return signals. 


Four rings or 
whistles. 


Five rings or 
whistles. 

From top to bot¬ 
tom one ring or 
whistle. 

Two rings or 
whistles. 


When code may 
be added to or 
changed. 


Code of signals 
to be posted at 
top and bottom 
of shaft or slope 
and landing places 
and engine rooms. 


Telephones to be 
installed where. 


the rope riders and the engineer shall consist of wires or 
a tube or tubes through which signals shall be communi¬ 
cated by electricity, compressed air or other pneumatic 
devices. 

The following signals are provided for use at coal mines 
where signals are required: 

One ring or whistle:—One ring or whistle shall signify 
to hoist coal or the empty cars or cage, and also to stop 
either when in motion. 

Two rings or whistles:—Two rings or whistles shall 
signify to lower cage or car. 

Three rings or whistles:—Three rings or whistles shall 
signify that men are coming up; when return signal is 
received from engineer, either by bell, whistle or slight 
movement of the trip, men will get on cage or cars and 
the eager or rope rider shall ring or whistle “one” to 
start. 

Four rings or whistles:—‘Four rings or whistles shall 
signify to hoist slowly, implying danger. 

Five rings or whistles:—Five rings or whistles shall 
signify accident in the mine and call for stretchers. 

From top to bottom:—One ring or whistle shall signify 
—All ready get on cage or cars. 

From top to bottom:—Two rings or whistles shall sig¬ 
nify—To send empty cages or cars. 

Provided: That .the management of any mine may, 
with the consent of the State Coal Mine Inspector, add 
to or change this code of signals at their discretion for 
the purpose of increasing its efficiency or of promoting 
the safety of the men in said mine, but, whatever code 
may be established and in use at any mine it must be 
approved by the State Coal Mine Inspector, and shall 
be conspicuously posted at the top and at the bottom of 
every shaft or slope, and at the landing place on all rop^ 
haulage systems, also in all engine rooms for the informa¬ 
tion and instruction of all persons. In any coal mine, 
where more than fifty men are employed underground, 
one or more telephones shall be installed communicating 
with the surface. 

Duties of Hoisting Engineers. 

Section 100. The hoisting engineer on any shaft, slope 




MINING LAWiS—'STATE OF MONTANA. 


59 


or drift at any mine shall be in constant attendance at 
his engine during working hours when there are work¬ 
men underground. He shall not permit any one to enter 
or to loiter in the engine room except those authorized 
by their positions or duties to do* so, and he shall hold 
no conversation with any officer of the company or ot'hei 
person, or leave his engine, while in motion or while his 
attention is occupied with the signals. A notice to tn's 
effect shall be posted on the door of the engine house. 

The hoisting engineer must thoroughly understand the 
established code of signals, and such signals must be de¬ 
livered in the engine room in a clear and unmistakable 
manner, and he shall not recognize any signals other than 
those provided for in this Act, or such as have been ap¬ 
proved by the State Coal Mine Inspector; and when he 
has the signal that men are on the cage, car or cars, he 
must work his engine only at the rate of speed herein 
provided for by this Act. He shall permit no one to 
handle or meddle with any machinery under his charge, 
nor' suffer any one who is not a certified engineer to 
operate his engine except for the purpose of learning to 
operate it or repair same, and then only in the presence 
of the engineer in charge and when men are not on the 
cages, car or cars. 

Qualifications of Miners. 

Section ioi. Each person desiring to work by him¬ 
self at mining or loading shall first produce satisfactory 
evidence, in writing, to the mine foreman of the mine 
in which he is employed, or to be employed, that he has 
worked at least nine months with, under the direction of, 
or as a practical miner, provided, however, that if the 
mine in which such person is to be employed generated 
explosive gas or fire firedamp, he shall have worked not 
less than twelve months with, under the direction of, or 
as a practical miner. Until a person has so satisfied the 
mine foreman of his competency, he shall not work or be 
permitted to work at mining or loading unless accom¬ 
panied by a miner holding the foregoing qualifications. 

Operators Must Make Reply to Statistical Inquiry. 

Section 102. Every Coal Mine operator, whether per¬ 
son, co-partnership or corporation shall within thirty days 


Hoisting engi¬ 
neers. Duties. 


Notices to be 
posted in engine 
room. 


Must thoroughly 
understand estab¬ 
lished signal. 


Shall recognize 
none but Code 
signals. 


Shall permit no 
one to handle or 
meddle with any 
machinery under 
his care, except¬ 
ing. 


Who may be per¬ 
mitted to work at 
mining or loading 
alone. 


Provided, in mine 
pi’oducing explo¬ 
sive gas or fire¬ 
damp. 


6o 


MINING LAWS—STATE OF MONTANA. 


Coal mine oper¬ 
ator must fill out 
and mail to State 
Coal Mine Inspec¬ 
tor blanks for 
data, when. 


Operator, company 
or corporation 
failing or neg¬ 
lecting to comply 
with requirements 
of Act. 


Coercing or caus¬ 
ing employee to 
do anything pro¬ 
hibited. 


Penalty. 


Proceedings to be 
instituted when. 


State Coal Mine 
Inspector to pro¬ 
ceed against par¬ 
ties named 
failing to comply 
with certain re¬ 
quirements of Act. 


By injunction. 


Duty of State 
Mine Inspector to 
order compliance 
with Act and to 
prosecute, when. 


Fees to be allowed 
attorney acting 
when county at¬ 
torney fails. 


after receipt of blanks from the State Coal Mine Inspector 
asking for statistical data relative to any Coal mine 
operated by the person, co-partnership or corporation ad¬ 
dressed, fill in the blanks of such forms, answering all 
interrogations correctly and mail the same to the State 
Coal Mine Inspector. 

Penalties. 

Section 103. If any operator, company or corporation 
neglects to comply with, or violate, the requirements of 
this Act, either in part or in whole, or if any owner, opera¬ 
tor, manager, superintendent, mine foreman or his assist¬ 
ant coerces, intimidates or causes any employee to do the 
things prohibited, or causes them to do as provided 
against in this Act, such operator, company, corporation, 
manager, superintendent, mine foreman or his assistant 
shall be liable to a penalty of twenty-five dollars for each 
and every day during which the offense continues; proceed¬ 
ings to be instituted in any court of competent, juris¬ 
diction in the County in which such offense is committed. 

In case of the failure of any operator, company or cor¬ 
poration to comply with the provisions in this Act In 
relation to the sinking of escapement shaft or the venti¬ 
lation of mines the State Coal Mine Inspector, through 
the County Attorney for the County in which such failure 
occurs, or through any other attorney in case the County 
Attorney fails to act promptly, shall proceed against such 
operator by injunction, without bond, to restrain him 
from continuing to operate such portion of the mine until 
all legal requirements have been complied with. 

When the State Coal Mine Inspector shall discover 
that any section of this Act, or any part thereof, is being 
neglected or violated he shall order immediate compliance 
therewith and in case of continued failure to comply shall, 
through the County Attorney or any other attorney in 
case of his failure to act promptly, take the necessary 
legal steps to enforce compliance therewith through the 
penalties herein prescribed. 

If it becomes necessary, through refusal or failure of the 
County Attorney to act, for any other attorney to appear 
for the State in any suit involving the enforcement 
of any of the provisions of this Act, reasonable fees for 


MINING LAWS—STATE OF MONTANA. 


6l 


the services of such attorney shall be allowed by the 
County Commissioners in and for the County in which 
such proceedings are instituted. 

Any employee engaged at work in or around any coal 
mine in the State of Montana, or any other person, who 
violates any part of this A'ct shall for each offense be 
liable to a penalty not exceeding five dollars, or in default 
of payment shall be imprisoned in the county jail for a 
period of time not exceeding ten days, proceedings to be 
instituted in any court of competent jurisdiction in the 
County in which such offense is committed. Any person, 
firm or corporation who compounds, sells or offers for 
sale to dealers any oil for illuminating purposes in any 
coal mine in this State, contrary to the provisions of Sec¬ 
tion 97 of this Act, shall, upon conviction thereof, be fined 
not less than fifty dollars nor more than one hundred dol¬ 
lars and for the second offense, or any subsequent offense 
shall be fined not less than one hundred dollars or im¬ 
prisonment not less than thirty days nor more than sixty 
days, or both at the discretion of the Court, proceedings 
to be instituted in any court of competent jurisdiction. 

Any person' firm or corporation who sells, or offers 
for sale, to any employee of a coal mine any oil for illum¬ 
inating purposes in a mine contrary to the provisions 
of Section 97 of this Act, Shall, upon conviction thereot, 
be fined not less than twenty five dollars or more than 
fifty dollars, and for a second or subsequent offense shall 
be fined not less than twenty-five dollars and not more 
than fifty dollars or imprisonment, not less than ten days 
and not more than twenty days, or both at the discretion 
of the Court, proceedings to be instituted in any Court of 
competent jurisdiction. 

Definitions. 

Section 104. (a) “Mine.” In this Act the words 

“Mine” and “coal mine” used in their general sense are 
intended to signify any and all underground parts of 
the property of a mining plant which contribute, directly 
or indirectly, under one management, to the mining or 
handling of coal. 

(b) “Excavations or Workings.” The words “excava¬ 
tions” and “workings” signify any and all parts of a mine 


County Commis¬ 
sioners shall allow 
fees. 


Penalty in case 
any employee or 
other person vio¬ 
lates any pro¬ 
vision of Act. 


When proceedings 
are to be insti¬ 
tuted. 


Selling or offering 
to sell oil to any 
dealer for illumi¬ 
nating purposes in 
mine contrary to 
provisions of 
Section 97 
herein. 


Penalty. 


Selling or offering 
to sell to any coal 
mine employee 
such oil. 


Penalty. 


Proceedings to be 
instituted when. 


The words “Mine” 
and “Coal Mine” 
defined for the 
purposes of this 
Act. 


“Excavations” and 
“Workings” de¬ 
fined. 


62 


MINING LAWS-STATE OF MONTANA. 


“Shaft” defined. 


“Slope” and 
“Drift” defined. 


“Following Shot” 
defined. 


“Operator” de¬ 
fined. 


“Mine Foreman” 
defined. 

“Mine Boss.” 

“Mine Examiner” 
defined. 

“Fire Boss.” 

Repealing Clause. 


Appropriations. 


excavated or being excavated, including shafts, slopes, 
tunnels, entries, rooms and working place, whether aban¬ 
doned or in use. 

(c) “Shafts.” The term “shaft” means any verticle 
opening through the strata which is or may be used for 
the purpose of ventilation or escapement, or for hoisting 
or lowering of men or material in connection with the 
mining of coal. 

(d) “Slope” or “Drift.” The terms “slope” and “drift” 
mean respectively an incline or horizontal way, opening 
or tunnel to a seam of coal to be used for the same pur¬ 
pose as a shaft. 

(e) “Following shot.” A “following shot” is a shot 
which is dependent in its action on the result of another 
shot. 

(f) “Operator.” The term “operator” as applied to 
the party in control of a mine under this Act, signifies 
the person, firm or body corporate who is the immediate 
proprietor as owner or lessee of the plant and, as such 
responsible for the condition and management thereof. 

(g) “Mine Foreman.” The “mine foreman” is a per¬ 
son who is charged with the general direction of the 
underground work, or both the underground work and 
the outside work of any coal mine, and who is commonly 
known and designated as “mine boss.” 

(h) “Mine examiner.” The “mine examiner” is the 
person charged with the examination of the condition 
of the mine before the miners are permitted to enter it, 
and who is commonly known as the “fire boss.” 

Section 105. The following sections 1679, 1680, 1681, 
1682, 1683, 1684, 1685, 1686, 1687, 1688, 1689, 1690, 1691, 
1692, 1693, 1694, 1695, 1696, 1697, 1698, 1699, !7oo, 1701, 
1702, 1793, 1704, 1705, 1706, 1707, 1708, 1709, and 1710, 
2023 of the revised codes of the State of Montana and 
Chapter 64 and 69 of the laws of 1909, of the State of 
Montana are hereby expressly repealed, and all other 
acts or parts of acts in conflict herewith. 

Section 106. There is hereby appropriated out of the 
general fund of the State not otherwise appropriated, 
sufficient funds for the salary of the State Coal Mine 
Inspector and for the maintenance of the Boards herein 


MINING LAWiS—STATE OF MONTANA. 


63 


•provided for and the proper enforcement of this Act ac¬ 
cording- to its intent and purpose. 

Section 107. All Acts and parts of Acts in conflict 
with this Act are hereby repealed. 

Section 108. This shall take effect and be in force 
from and after (90) ninety days from and after its pas¬ 
sage and approval by the Governor. 

Approved March 7th, 1911. 

Depositing Coal Slack in Streams Prohibited. 

(Revised Codes.) 

Section 8557. Depositing Coal Slack in Streams. All 
persons owning or having in operation, and all persons 
who may hereafter own or put in operation in the State 
of Montana, either in person or by agent, any coal mine 
on any stream containing fish or water which is used for 
domestic purposes, or for irrigation, are hereby required 
to so care for any coal slack or other refuse emanating 
from such coal mining operation as to prevent the same 
from mingling with the waters of such streams. 

Section 8558. Same—Penalty. All persons owning or 
operating, or who may hereafter own or operate any coal 
mine on any stream containing fish or water which is 
used for domestic purposes, or for irrigation, who shall 
dump, cart or deposit, or cause or suffer to be deposited 
in such stream any such coal slack or other refuse eman¬ 
ating from such coal-mining operation shall be deeme i 
guilty of a misdemeanor, and, upon conviction thereof be¬ 
fore any court of competent jurisdiction, shall be fined 
in any sum not less than two hundred ($200) dollars 
nor more than five hundred ($500) dollars for each and 
every offense.* 


Repealing Clause. 


Time when Act 
shall take effect. 


Dumping coal 
slack in streams 
forbidden. 


Penalty for viola¬ 
tion of Section. 


6 4 


MINING LAWS—STATE OF MONTANA. 


Day’s labor; Hours 
constituting. 


Eight-hour day 
for hoisting engi¬ 
neers. 


Act applicable to 
what hoisting en¬ 
gines. 


Exception in case 
of sickness. 


DIVISION III. 

LAWS APPLICABLE TO BOTH QUARTZ AND 
COAL MINING. 


(Article V, Part III, Title VII, Chapter II, Revised 
Codes, 1907). 

Chapter 1. 


Hours and Regulation of Labor. 


Section 1734. 

1735. 

1736. 

1737. 

1738. 
1789. 

1740. 


Honrs of Labor, Hoisting Engineers. 

Penalties. 

Hours of Labor, Underground Mines. 

Same, Smeltermen. 

Penalty. 

Hours of Labor—Municipalities—Mines—Mill and 
Smelters. 

Penalty. 


Constitution. 

Article XVlIII, Section 4. A period of eight hours 
shall constitute a day’s work on all works or undertakings 
carried on or aided by any municipal, county or state gov¬ 
ernment, and on all contracts let by them, and in mills 
and smelters for the treatment of ores, and in under¬ 
ground mines. 

(Revised Codes.) 

Section 1734. Hours of Labor—Hoisting Engines. That 

on after the first day of May, A. D., 1903, it shall he 
unlawful for any person or persons, 'company or corpora¬ 
tion, to operate or handle, or to induce, persuade or pre¬ 
vail upon any person or persons to operate, or handle, 
for more than eight hours in twenty-four hours of each 
day, any hoisting engine at or in any mine. This Act 
shall apply only to such plants as are .in continuous 
operation or are operated sixteen or more hours in twenty- 
four hours of each day, or at or in any mine where said 
hoisting engine developes fifteen or more horse power, 
or at or in any mine where said hoisting engine devel¬ 
opes fifteen or more horse power, or at or in any mine 
wherein there are fifteen or more men employed under¬ 
ground in twenty-four hours of each day. Provided, how¬ 
ever, that the provisions of this Act shall not apply to 
any person or persons operating any hoisting engine more 
than eight hours in each twenty-four hours for the pur- 


MINING LAWlS—STATE OF MONTANA. 


65 


pose of relieving another employee in case of sickness or 
other unforseen cause or causes. 

Section 1735. Penalties. Any person or persons, com¬ 
pany or corporation, who shall violate any of the pro¬ 
visions of this Act, shall, upon conviction, be punished 
by a fine of not less than ten ($10.00) dollars, nor more 
than one hundred ($100.00) dollars; and each and every 
day that such person or persons, company or corporation 
may continue to violate any of the provisions of this Act 
shall be considered a separate and distinct offense and 
shall be punishable as such. 

Section 1736. The period of employment of working 
men in all underground mines or workings, including rail¬ 
road or other tunnels, shall be eight (8) hours per day, 
except in cases of emergency where life and property 
is in imminent danger. 

Section 2. This Act shall be in full force and effect 
from and after its passage and approval. 

Amended, Laws 1911, page 25. 

Section 1737. Same—Smeltermen. The period of em¬ 
ployment of working men in smelters, stamp mills, samp - 
ling works, conxentrators, and all other institutions for 
the reduction of ores, and refining of ores or metals, shall 
be eight (8) hours per day, except in cases of emergency 
where life or property is in imminent danger. 

Section 1738. Penalty. Any person or persons, body 
corporate, agent, manager or employer who shall violate 
any of the provisions of Section 1736 or 1737 of this Act 
shall be deemed guilty of a misdemeanor, and upon con¬ 
viction thereof, shall, for each offense, be subject to a 
fine of not less than One Hundred Dollars or more than 
Five Hundred Dollars, or by imprisonment in the county 
jail for a period of not less than one (1) month, or more 
than six (6) months or by both such fine and imprison¬ 
ment. 

Section 1739. Hours of Labor for Municipalities, Mines, 
Mills and Smelters. A period of eight (8) hours shall 
constitute a day’s work on all works or undertakings car¬ 
ried on or aided by any Municipal, County or State Gov¬ 
ernment, and on all contracts let by them, and in mills 
and smelters for the treatment of ores, and in underground 


Penalty for vio¬ 
lating Act. 


Hours of labor in 
underground 
mines, railroad 
and other tunnels. 


Hours of labor 
for smelter, mill 
and other men. 


Penalty. 


Hours of labor on 

governmental 

works. 


66 


MINING LAWS—STATE OF MONTANA. 


mines, and in the washing, reducing or treatment of coal. 

Section 1740. Penalties. Every person, corporation, 
stock company or association of persons who violate any 
of the provisions of Section 1739 of this Act shall be 
guilty of a Misdemeanor, and upon conviction thereof 
shall be punished by a fine of not less than One Hundred 
(100) Dollars nor more than Five Hundred ($500) Dol¬ 
lars, or by imprisonment in the county jail for not less 
than Thirty Days nor more than Six Months, or by both 
such fine and imprisonment. 


Chapter 2. 

Prohibitions Against Child Labor. 


(Article IV., Part III., Title VII., Chapter II., Revised 

Codes). 


Section 1746. 

1747. 

1748. 

1749. 

1750. 

1751. 

1752. 
1758. 


Employment of Children Under Sixteen Years in 
Certain Occupations Prohibited. 

Liability of Parent. 

Record of Children Under Sixteen Years of Age. 
Age Certificate. 

Enforcement of Act. 

Penalties. 

Prohibiting Employment of Children in Mines. 
Permitting Employment—Misdemeanor. 


1754. Penalties. 


Children under 16 
years of age. 


Employment of 
children in certain 
occupation forbid¬ 
den. 


Constitution. 

Article XVIII., Section 3: It shall be unlawful to em¬ 
ploy children under the age of sixteen (16) years of age 
in underground mines. 

(Revised Codes.) 

Section 1746. Employment oif Children in Certain Oc¬ 
cupations Prohibited. Any person, company, firm, asso¬ 
ciation, or corporation engaged in business in this State, 
or any agent, officer, foreman or other employee having 
control or management of employees or having the power 
to hire or discharge employees, who shall knowingly em¬ 
ploy or permit to be employed any child under the age 
of sixteen years, to render or perform any service or labor, 
whether under contract of employment or otherwise, in, 
on, or about any mine, mill, smelter, workshop, factory, 
steam, electric, hydraulic, or compressed air railroad, or 
passenger or freight elevator or where any machinery is 


MINING LAW1S—'STATE OF MONTANA. fr 

operated, or for any telegraph, telephone or messenger 
company, or in any occupation not herein enumerated 
which is known to be dangerous or unhealthful, or which 
may be in any way detrimental to the morals of said child, 
shall be guilty of a misdemeanor and punishable as here¬ 
inafter provided. 

Section 1747. Liability of Parent. Any parent, guar- and^plrso^f^ 8 
dian or other person having the care, custody or control children^unde™^ 
of any child under the age of sixteen years, who shall employed^ 6 cer- e 
permit suffer or allow any such child to work or perform tain occu P ations - 
service for any person, company, firm, association or cor¬ 
poration doing business in this State, or who shall per¬ 
mit or allow any such child over whom he has such care, 
custody or control, to retain such employment as is pro¬ 
hibited in Section 1746 of this Act, whether under con¬ 
tract of employment or not, shall be guilty of a misde¬ 
meanor and punishable as hereinafter provided. 

Section 1748. Record of Children Under Age of Six- Record of ages of 
teen Years. The Commissioner of the Bureau of Agri- kept r by wmmis- 
culture, Labor and Industry shall compile and preserve Bureau °of 4 Agri¬ 
in his office from reports made to him by the County industry Labor and 
Superintendent of Schools, as otherwise provided, a full 
and complete list of the name, age, date of birth and sex 
of each child, and the names of the parents or guardians 
of each child under the age of sixteen years who is now 
or may hereafter becomes a resident of this State, and 
such list shall be the official record of the age of children 
in this State. 

Section 1749. Age Certificate. Upon attaining the age Age certificate to 
of sixteen years any child may make application to the dren reaching age 
Commissioner of the Bureau of Agriculture, Labor and of sixteen - 
Industry for an age certificate, which must be presented 
to any employer with whom such child may seek employ¬ 
ment. The employer if such employment be given, must 
countersign the certificate, and return the same to the 
commissioner of said bureau who shall keep the same on 
file in his office. Any person, firm, company, association penalty for em- 
or corporation who employs or permits to be employed without age dl certi- 
in any occupation prohibited in Section 1746 of this Act, ficate - 
any child without such certificate showing the child to be 
at least sixteen years of age, shall be guilty of a mis- 


68 


MINING LAWS—STATE OF MONTANA. 


Duty to prosecute 
violations of Act. 


Penalties for vio¬ 
lating Act. 


Forbidding the 
•employment of 
children under 
sixteen in under¬ 
ground workings. 


Duty of parents 
and guardians of 
children under 
sixteen years of 
age regarding em¬ 
ployment. 


demeanor and punishable as hereinafter provided, should 
such child prove less than 16 years of age. 

Section 1750. Enforcement of Act. To enforce this 
act the Commissioner of the Bureau of Agriculture, Labor 
and Industry, the Bureau of Child and Animal Protection 
and all county attorneys shall, each upon their own voli¬ 
tion, or upon the sworn complaint of any reputable citizen 
that this act is being violated, make prosecutions for such 
violations. 

Section 1751. Penalties. Every person, firm, company, 
association or corporation who violates any of the pro¬ 
visions of this Act shall be guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a fine of not 
less than Twenty-five Dollars nor more than Five Hun¬ 
dred Dollars, or by imprisonment in the county jail for 
a period of not less than thirty days nor more than six 
months, or by both such fine and imprisonment. 

Section 1752. Prohibiting Employment of Children in 
Mines. Any person, corporation, stock company or asso¬ 
ciation of persons, owning or operating any underground 
mine, or any officer, agent, foreman or boss, having the 
control or management of employees, or having the power 
to hire or discharge employees, who shall employ, 31* 
knowingly permit to be employed any child under the 
age of sixteen years, for work or service in any such 
mine, or the underground workings thereof, or permit or 
allow any such child to render or perform any work or 
sevice whatever in such mine, whether under contract of 
employment or otherwise, shall be guilty of a misde¬ 
meanor and punishable as hereinafter provided. 

Section 1753. Permitting Employment—Misdemeanor. 
Any parent, guardian or other person having the care, 
custody, or control of any child under the age of sixteen 
years, who shall permit, suffer, or allow such child to 
work in any mine having underground workings, or who 
shall permit or allow any such child over whom they may 
have such care, custody or control to retain employment 
in any such mine, or who, after having knowledge that 
any such child has taken employment in any such mine, 
or is performing work or service therein, whether under 
contract of employment or not, shall fail forthwith to 


MINING LAWIS—'STATE OF MONTANA. 


69 


notify the person or corporation owning or operating 
such mine, or some officer, foreman or employee thereof 
having the power to hire or discharge employees, of the 
age of such child, shall be guilty of a misdemeanor and 
punishable as hereinafter provided. 

Section 1754. Penalties. Any person or corporation 
violating any of the provisions of this Act shall be guilty 
of a misdemeanor, and upon conviction thereof shall be 
punished by a fine not less than Twenty-five Dollars ($25) 
nor more than Five Hundred ($500) Dollars, or . by im¬ 
prisonment, in the County Jail for a period of not less than 
thirty days nor more than six months, or by both such 
fine and imprisonment. 


Chapter 3. 

Personal Injuries—Obligations of Employer. 

(Article II., Division III., Part IV., Title VI., Chapter I., 
Revised Codes.) 

Section 5246. Mines, Mills, and Smelters—Vice Principals. 

5247. Contract of Insurance not to Release Employers. 

5248. Mining Companies Liable for Negligence of Cer¬ 

tain Employees. 

5249. Contract of Insurance no Bar to Recovery. 

5250. Survival of Action. 

Section 5246. Mines, Mills and Smelters—Vice Prin¬ 
cipals. That every company, corporation, or individual 
operating any mine, smelter or mill for the refining of ores 
shall be liable for all damages sustained by an .employee 
thereof within this State, without contributing negligence 
on his part when such damage is caused by the negligence 
of any superintendent, foreman, shift-boss, hoisting or 
other engineer, or crane-men. 

Section 5247. Contract of Insurance not to Release 
Employer. No contract of insurance, relief, benefit, o 1 
indemnity in case of injury or death, nor any other con¬ 
tract entered into either before or after the injury, be¬ 
tween the person injured and any of the employers named 
in this Act shall constitute any bar or defense to anv 
cause of action brought under the provisions of this Act. 

Section 5248. Mining Companies Liable for Negligence 
of Certain Employees. That every company, corporation, 


Misdemeanor. 


Penalty. 


Liability of mine 
operators for neg¬ 
ligence of certain 
employees. 


What insurance 
and relief contract 
not a defense in 
case of death. 


70 


MINING LAWS—STATE OF MONTANA. 


Liability of mine 
operators, et al. 
for negligence of 
certain employees. 


Certain contracts 
not a bar of ac¬ 
tion or defense. 


Survival of action. 


Receiving or solic¬ 
iting compensation 
for employment by 
certain persons. 


or individual operating any mine, smelter or mill for the 
refining of ores shall be liable for any damages sustained 
by any employees thereof within this state, without con¬ 
tributing negligence on his part, when such damage is 
caused by the negligence of any superintendent, foreman, 
shift-boss, hoisting, or other engineer, or' crane men. 

Section 5249. Contract of Insurance no Bar to Recov¬ 
ery. No contract of insurance, relief, benefit, or indem¬ 
nity in case of injury or death, nor any other contract 
entered into before the injury between the persons injured 
and any of the employers named in this Act shall con¬ 
stitute any bar or defense to any cause of action brought 
under the provisions of this Act. 

Section 5250. Survival of Action. In case of the death 
of any such- employees in consequence of any injury or 
damages so sustained, the right of action shall survive 
and may be prosecuted and maintained by its heirs, or 
personal representatives. 

Chapter 4. 

Extortion by Foremen, Etc. 

(Part I., Title XIII., Chapter VII., Revised Codes.) 
Section 8678. Receipt or Solicitation of Gifts, by Foreman From 
Employees. 

8679. Immunity of Witnesses. 

Section 8678. Receipt or Solicitation of Gifts, by Fore¬ 
men From Employees. That any superintendent, fore¬ 
man, assistant boss, or any other person or persons, who 
shall receive, or solicit, or cause to be received or solicited, 
any sum of money or other valuable consideration, from 
any person for or on account of the employment, or the 
continuing of the employment of such person, or of any 
one else, or for, or on account of any promise, or agree¬ 
ment, to employ or to continue to employ, any such per¬ 
son, or any one else, shall be guilty of a misdemeanor 
and upon conviction shall be subject to a fine of not more 
than one thousand ($1,000) dollars, or undergo an im¬ 
prisonment in the county jail of not more than one (1) 
year, or both, at the discretion of the court. 

Section 8679. Immunity of Witnesses. No person shall 


MINING LAWlS—STATE OF MONTANA. 


71 


be excused from attending or testifying, or producing any 
books, papers, documents, or any thing, or things before 
any court, or magistrate upon any investigation, pro¬ 
ceeding, or trial, for a violation of any of the provisions 
of this Act, upon the ground, or for the reason that the 
testimony, or evidence, documentary, or otherwise re¬ 
quired of him, may tend to convict him of a crime, or to 
subject him to a penalty, or forfeiture; but no person 
shall be prosecuted or subjected to any penalty, or for¬ 
feiture for or on account of any transaction, matter or 
thing concerning which he may so testify, or produce 
evidence of documentary or otherwise; and no testimony 
or evidence so given, or produced shall be received 
against him in any civil or criminal proceeding, action 
or investigation. 


Chapter 5. 

Company Store Act. 

(Part III., Title VII., Chapter II., Article V., Revised 

Codes.) 

Section 1744. Labor—Payment—What Illegal. 

1745. Violation of Act—Penalty. 

Section 1744. Labor—Payment in Script Prohibited. 
It shall be unlawful for any person, firm, company, cor¬ 
poration or trust, or the business manager or agent of any 
such person, firm, company, corporation or trust, to sell, 
give, deliver or in any way directly or indirectly, to any 
employed iby him, or it in payment of wages due or to 
become due, any script, token, check, draft, order, credit, 
or any book of account or other evidence of indebtedness 
payable to bearer or to his assignees, except as hereinafter 
provided, but such wages shall be paid only in lawful 
money of the United States, or by check or draft drawn 
upon some bank in which such person, firm, company, 
corporation or trust or the agent or business manager 
of such person, firm, company, corporation, or trust, has 
money upon deposit to cash the same, and no assignment 
of any wages due or to become due to any employee, shall 
be made to any person, firm, company, corporation or 
trust, or the business manager or agent of any such per¬ 
son, firm, company, corporation or trust, or to any one 


Witnesses who 
may not be ex¬ 
empt from testi¬ 
fying. 


Witnesses who 
shall not be prose¬ 
cuted. 


Wages to be paid 
in lawful money 
of United States. 


Assignment of 
wages to certain 
persons forbidden. 


Not applicable to 
certain persons. 


72 


MINING LAWS—STATE OF MONTANA. 


interested directly or indirectly, in any firm, company, cor¬ 
poration or trust employing said laborer. And any con¬ 
tract to the contrary shall be void; provided, however, 
this shall not prevent ranchmen, farmers, lumber camps, 
or mining camps from supplying their employees or pav¬ 
ing said employees in other than cash or check where 
there is no bank or other store than that owned by said 
employers at which said employees may purchase supplies, 
or cash their bankable checks received for their labor. 

Section 1745. Violation of Act—Penalty. Every per¬ 
son, company, corporation or trust or agent or business 
manager of such firm, company, corporation or trust who 
S,tfng t 5 Act. r Vi ° violates any of the provisions of this act, shall be guilty of 
a misdemeanor, and upon conviction thereof, shall be sub¬ 
ject to a fine of not less than One Hundred ($100.00) Dol¬ 
lars, or more than Five Hundred ($500.00) Dollars or by 
imprisonment in the county jail of not less than one 
month or more than six months, or by both such fine and 
imprisonment. 


DIVISION IV. 

MISCELLANEOUS PROVISIONS. 


Chapter 1. 


Location of Quartz Lode Mining Claims. 


Section 2283 

2284. 

2285. 

2286. 

2287. 

2288. 

2289. 

2290. 

2291. 

2292. 

2293. 

2294. 

2295. 

2296. 


(Revised Codes.) 

Discovery, Notice, Marking Boundaries, Sinking 
Shaft. 

Record of Certificate of Location. 

Mill Sites. 

Reclamation of Abandoned Claims. 

Rights of Relocator. 

Amended Location. 

Relocation by Owner. 

Amendment or Relocation not a Waiver of Ac¬ 
quired Rights. 

Rights of Third Persons not Affected. 

Validating Locations Heretofore Made. 

Defective Locations Good Against Persons With 
Notice. 

Effect of Patent. 

Amended Locations. 

Effect of Amended or Additional Declaratory State¬ 
ment—Record. 


MINING LAWS—STATE OF MONTANA. 


73 


3613. (Political Code, 1895). Placer Locations Hereto¬ 

fore) Made, Effect of. 

3614. (Political Code, 1895). Annual Work—Affidavit- 

Contents—Record. 

3616. (Political Code, 1895). Official Survey—Certificate 

—Part of Declaratory Statement. 

Section 2283. Discovery—Notice—Marking Boundaries 
—Sinking Shaft. Any person who discovers, upon the 
public domain of the United States, within the State of 
Montana, a vein, lode or ledge of rock in place, bearing 
gold, silver, cinnabar, lead, tin, copper or other valuable 
deposits, or a placer deposit of gold, or other deposit of 
minerals having a commercial value which is subject to 
entry and patent under the mining laws of the United 
States, may, if qualified by the laws of the United States, 
locate a mining claim upon such vein, lode, ledge or 
deposit, in the following manner, viz: 

I. He -shall post, conspicuously, at the point of dis¬ 
covery a written or printed notice of location, containing 
the name of the claim, the name of the locator, (or loca¬ 
tors, if there be more than one), the date of the location, 
which shall be the date of posting such notice, and the 
approximate dimensions of area of the claim intended to 
be appropriated. 

II. Within thirty days after posting the notice of loca¬ 
tion, he shall distinctly mark the location on the ground 
so that its boundaries can be readily traced. It shall 
be prima facie evidence that the location is properly mark¬ 
ed if the boundaries are defined by a monument at each 
corner or angle of the claim, consisting of any one of the 
following kinds: (1) A tree at least eight inches in 
diameter, and blazed on four sid.es. (2) A post at least 
four inches square by four feet six inches in length, set 
one foot in the ground, unless solid rock should occur at 
a less depth, in which case the posts should be set upon 
such rock, and surrounded in all cases by a mound of 
earth or stone at least four feet in diameter by two feet 
in height. A squared stump, of the requisite size, sur¬ 
rounded by such mound shall be deemed the equivalent of 
a post and mound. (3) A stone at least six inches square 
by eighteen inches in length, set two-thirds of its lengtii 
in the ground, with a mound of earth or stone along side 


Manner of locat¬ 
ing mining claims 
on the public 
domain. 


Posting notice of 
discovery. 


Defining boun¬ 
daries. 


Corner posts. 


74 


MINING LAWS—STATE OF MONTANA. 


Lesser monu¬ 
ments. 


Discovery shaft. 


Depth of shaft. 


Cuts and tunnels. 


Horizontal exten¬ 
sion of workings 
and other excava¬ 
tions. 


Certificate of Dec¬ 
laration of loca¬ 
tion and record. 


at least four feet in diameter by two feet in height, o\ 
(4) a boulder at least three feet above the natural surface 
of the ground on the upper side. 

Where other monuments, or monuments of lesser 
dimensions than those above described, are used, it shall 
be a question for the jury, or for the court where the 
action is tried without a jury, as to whether the location 
has been marked upon the ground so that its boun¬ 
daries can be eaisly traced. Whatever monument is used, 
it must be marked with the name of the claim and the 
designation of the corner, either by number or cardinal 
point. 

III. Within sixty days after posting such notice, he 
shall sink a shaft upon the vein, lode or deposit, at or near 
the point of discovery, to be known as the discovery 
shaft. Such shaft shall be sunk to the depth of at least 
ten feet, vertically, below the lowest part of the rim of 
such shaft at the surface, or deeper if necessary to dis¬ 
close the vein or deposit located, and the cubical con¬ 
tents of such shaft shall be not less than one hundred 
and fifty cubic feet; provided, that any cut or tunnel which 
discloses the vein, lode or deposit located at a vertical 
depth of at least ten feet below the natural surface of 
the ground and which constitutes at least one hundred and 
fifty cubic feet of excavation, shall be deemed the equiva¬ 
lent of such shaft, and, provided also, that, where the 
vein, lode or deposit located is disclosed at a less vertical 
depth than ten feet, any deficiency in the depth of the 
discovery shaft, cut or tunnel may be compensated for by 
any horizontal extension of such working, or by any ex¬ 
cavation done, elsewhere upon the claim, equalling, in 
cubical contents, the cubical extent of such deficiency; but 
in every case at least 75 cubic feet of excavation shall 
be made at the point of discovery. 

Section 2284. Record of Certificate of Location. Within 
sixty days after posting the notice of location and for the 
purpose of constituting constructive notice of the location, 
the locator shall record his location in the office of the 
county clerk of the county in which such mining claim is 
situated. Such record shall consist of a certificate of loca¬ 
tion containing: 


MINING LAWS—STATE OF MONTANA. 

I. The name of the lode or claim. 

II. The name of the locator or locators, if there be 
more than one. 

III. The date of location, and such description of said 
claim, with reference to some natural object or permanent 
monument as will identify the claim. 

IV. In the case of a lode claim, the direction and dis¬ 
tance claimed along the course of the vein each way from 
the discovery shaft, cut or tunnel, with the width claimed 
on each side of the center of the vein. 

V. In the case of a placer claim, the dimensions 01 
area of the claim, and the location thereon the discovery 
shaft, cut or tunnel. 

VI. The locator and claimant, at his option, may also 
set forth, in such certificate of location, a description of 
the discovery work, the corner monuments and the mark¬ 
ings thereon, and any other facts showing a compliance 
with the provisions of this law. 

Such certificate of location must be verified, before 
some officer authorized to administer oaths, by the loca¬ 
tor, or one . of the locators, if there be more 
than one, or by authorized agent. In the case 
of a corporation, the verification may be made 
by any officer thereof, or by an authorized agent. When 
the verification is made by an Agent, the fact of the 
agency shall be stated in the affidavit. 

A certificate of location so verified, or a certified copy 
thereof, is prima facie evidence of all facts properly re¬ 
cited therein. 

Section 2285. Mill Sites. Millsite claims may be lo¬ 
cated and recorded in the same manner as other claims, 
except that no discovery or discovery work is required. 
Where a millsite claim is appurtenant to a mining claim, 
the certificate of location of such millsite claim shall de¬ 
scribe, by appropriate reference, the mining claim to which 
it is appurtenant. 

Section 2286. Relocation of Abandoned Claim. The re- 

locator of an abandoned or forfeited mining claim may 
adopt as his discovery any shaft or other working, exist¬ 
ing upon such claim at the date of the relocation, in which 
the vein, lode or deposit is disclosed, but, in such shaft 


Contents. 


Lode claims. 


Placers. 


Verification to be 
made. 


Certificate of lo¬ 
cation to be prima 
facie evidence of 
what. 


Location of Mill 
site claims. 


Re-location of 
abandoned or for¬ 
feited claims. 


Discovery work. 


76 


MINING LAWS—STATE OF MONTANA. 


Rights of relocator 
shall date from 
when 


Amending location 
and changing 
boundaries. 


Amended certifi¬ 
cate. 


Owners may re¬ 
locate when. 


Changing bound¬ 
aries. 


Re-location not a 
waiver of acquired 
rights. 


May rely upon 
either when. 


Proviso. 


or other working, he shall perform the same -discovery 
work as is required in the case of an original location. 

Section 2287. Rights of Re-locator. The rights of a 
re-locator of any abandoned or forfeited mining claim, 
hereafter re-located, shall date from the posting of his 
notice of location thereon, and, while he is duly perform¬ 
ing the acts required by law to perfect his location, his 
rights shall not be affected by any re-entry or resump¬ 
tion of work by the former locator or claimant. 

Section 2288. Amended Location. A locator or claim¬ 
ant may, at any time, amend his location and make any 
change in the boundaries which does not involve a change 
in the point of discovery as shown by the discovery shaft 
by marking the location, as amended upon the ground, 
and filing an amended certificate of location conforming 
to the requirements of an original certificate of location. 
A defect in a recorded certificate of location may be cured 
by filing an amended certificate. 

Section 2289. Re-location by Owner. A locator or 
claimant may at any time, re-locate his own claim for any 
purpose, except to avoid the performance of annual labor 
thereof, and, by such re-location, may change the bound¬ 
aries of his claim, or the point of discovery, or both, but 
such re-location must comply in all respects, with the 
requirements of this law as to an original location. 

Section 2290. Amendment or Re-location Not a Waiver 
of Acquired Rights. Where a locator or claimant amends 
or re-locates his own claim, such amendment or re-location 
shall not be construed as a waiver of any right or title 
acquired by him by virtue of the previous location or 
record thereof, except as to such portions of the previous 
location as may be omitted from the boundaries of the 
claim as amended or re-located. As to the portion of 
ground included both in the original location and the 
location as amended or re-located, he may rely either upon 
the original location or the location as amended or re¬ 
located, or upon both. Provided, that nothing herein con¬ 
tained shall be construed as permitting the locator or 
claimant to hold a tract which does not include a valid 
discovery. 

Section 2291. Rights of Third Persons not Affected. No 


MINING LAWS—STATE OF MONTANA. 


77 


amendment or re-location of a mining claim by the locator 
or claimant thereof shall interfere with the right of any 
third person existing at the time of such Amendment or re¬ 
location. 

Section 2292. Validating Locations Heretofore Made. 

All mining locations, made and recorded under the laws 
of this state, heretofore in force, that in any respect have 
failed to conform to the requirements of such laws, shall, 
nevertheless, in the absence of the .rights of third persons 
accruing prior to the passage of this Act, be valid if the 
making and recording of such locations conform to the 
requirements of this Act. 

Section 2293. Defective Locations Good Against Per¬ 
sons With Notice. The period of time, prescribed by this 
law for the performance of any act, shall not be deemed 
mandatory where the act is performed before the rights 
of the third persons have intervened, and no defect in the 
posted notice or recorded certificate shall be deemed 
material, except as against one who has located the same 
ground,-or some portion thereof, in good faith and with¬ 
out notice. Notice to an agent, who makes a location in 
behalf of another, shall be deemed notice to his principal 
and notice to one of several co-claimants shall be deemed 
notice to all. 

Section 2294. Effect of Patent. The issuance of a 
United States Patent for a mining claim shall be deemed 
conclusive that the requirements of the laws of this state 
relative to the location and record of such mining claim, 
have been duly complied with; provided, hoWever, that 
where questions of priority are involved the date of the 
location shall be an issuable fact where it is claimed to 
have been prior to the date of the record of the location. 

Section 2295. Amended Locations. If at any time the 
locator of any mining claim heretofore or hereafter located, 
or his successors or assigns, shall apprehend that his 
original declaratory statement was defective or erroneous, 
or that the requirements of law had not been complied 
with, or shall be desirous of changing his boundaries, or 
taking in any part of an overlapping claim which has 
been abandoned, or in case his original declaratory state¬ 
ment was filed prior to the passage of this law, and he 


Rights of third 
persons not af¬ 
fected. 


Validating certain 
prior defective 
locations. 


Compliance with 
statutory require¬ 
ments before the 
intervention of 
rights of third 
persons. 


Notice to agent, 
effect of. 


U. S. Patent con¬ 
clusive of what. 


Proviso. 


When an amended 
location may be 
filed. 


78 


MINING LAWS—STATE OF MONTANA. 


Not to interfere 
with existing 
rights. 


Not to lessen lo¬ 
cator’s prior 
rights. 


Prior Amended 
Declaratory state¬ 
ments, force and 
effect of. 


Prior Placer loca¬ 
tions. 


Affidavit of an¬ 
nual work on 
placer claims. 


shall be desirous of securing the benefit of this Act, such 
locator, or his successors or assigns, may file an additional 
or amended declaratory statement, subject to the provi¬ 
sions of this Act; provided that such re-location or filing 
of the amended or additional declaratory statement shall 
not interfere with the existing rights of others at the time 
of such re-location or filing of the amended or additional 
declaratory statement, and no such re-location or amended 
or additional declaratory statement, or other record there¬ 
of, shall preclude the claimant or claimants from proving 
any such title as he or they may have held under the 
previous location and notice thereof. 

Section 2296. Effect of Amended or Additional Declara¬ 
tory Statement. Any amended or additional declaratory 
statement which may have heretofore been filed by a loca¬ 
tor, or his 'successors or assigns, shall have the same force 
and effect and be subject to the same terms and condi¬ 
tions as though the same had been filed under the provi¬ 
sions of Section One of this Act. 

(Political Code of 1895.) 

Section 3613. Placer Locations Heretofore Made—Ef¬ 
fect of. All placer mining locations or locations of val¬ 
uable mineral deposits, which have heretofore been re¬ 
corded in the office of the County Clerk or Recorder, 
have the same force and effect as though such records had 
been authorized by law, except in cases where the rights 
of third persons had been acquired before the passage < f 
this Code; and such record is entitled to be admitted in 
evidence in any court. 

(Political Code of 1895). 

Section 3614. Annual Work—Affidavit—Contents— 
Record. The owner of a lode or placer claim who per¬ 
forms or causes to be performed the annual work or makes 
the improvements required by the laws of the United 
States in order to prevent the forfeiture of the claim, 
may, within twenty days after the annual work, file in 
the office of the County Clerk of the county in which 
such claim is situated an affidavit of his own, or an affi¬ 
davit of person who performed such work or made the 
improvements, showing': 

1. The name of the claim and where situated. 


MINING LAW)S—STATE OF MONTANA. 


79 


2. The number of days’ work done, and the character 
and value of the improvements placed thereon. 

3. The dates of performing such work and of making 
the improvements. 

4 . At whose instance the work was done or the im¬ 
provements made. 

5. The actual amount paid for work and improvements, 
by whom paid, when the same was not done by the 
owner. 

Such affidavits, or a certified copy thereof are prima 
facie evidence 'of the facts therein stated. 

(Political Code of 1895). 

Section 3616. Official Survey—Certificate—Part of De¬ 
claratory Statement. Where a locator or owner of a 
mining claim has the boundaries and corners of his claim 
established by a United States Deputy Mineral Surveyor, 
and his claim connected with a corner of the public or 
minor surveys, or an established initial point, and incor¬ 
porates into the declaratory statement the field notes of 
such survey, and attaches to and files with such declara¬ 
tory statement,, a certificate by the surveyor setting forth: 

1. That such survey was actually made by him, giving 
the date thereof. 

2. The names of the claim surveyed and the locators 
thereof. 

3. That the description incorporated in the declaratory 
statement is sufficient to identify the claim. 

Such survey and certificate becomes a part of the de¬ 
claratory statement and such declaratory statement is 
prima facie evidence of the facts therein contained. 

(The last three sections above have not been repealed, 
but are in inadvertently omitted from the Revised Codes 
of 1907.) 


Contents of 
affidavit. 


When official sur¬ 
vey of mining 
claim becomes a 
part of the decla¬ 
ratory statement. 


Certificate. 


Prima facie evi¬ 
dence of what. 


8o 


MINING LAWS—STATE OF MONTANA. 


State coal lands. 


May be leased but 
not sold. 


Surface right may 
be sold. 


Coal lands may 
be withdrawn 
from sale. 


Coal, gas and oil 
to be reserved in 
all sales of state 
lands. 


Chapter 2 . 

STATE LANDS. 

Disposition of Mineral Lands. 

(Laws of 1909, Chapter 147, p. 289.) 

(Provisions Relating to Other Than Coal or Mineral 
Lands Omitted). 

CHAPTER 147. 

An Act providing for the Management and Control of the 
Lands now owned by or hereafter to be Acquired by 
the State of Montana, including the Sale and Rental 
thereof, and the Management, Protection, and Disposi¬ 
tion of the Timber Growing thereon and the Coal, Oil, 
and Minerals therein; * ** * and Defining and 

Providing for the punishment of Certain Offenses foi 
Violating the Provisions of this Act. 

Be it enacted by the Legislative Assembly of the State 
of Montana: 

Section 28. Coal Lands—What Deemed—Selection. AH 

coal areas in the state after final examination are defined 
by the United States Geological Survey, or other auth¬ 
ority under the Government of the United States, 'shall 
be recognized by the authorities of. this state as coal lands, 
until otherwise determined: and no such lands shall be 
sold, but such lands may be leased by the state to any 
person or persons, company or corporation but only on a 
royalty basis as herein provided; provided, however, that 
the surface rights of such land may be sold or may be 
leased for either agricultural or grazing purposes, but any 
other state lands may be designated as coal lands by the 
State Board of Land Commissioners, and withdrawn 
from sale when, in the opinion of the board, such lands 
contain coal. 

Section 34. Sale of State Lands—Reservation of Coal, 
Oil and Gas. The State Board of Land Commissioners 
may direct the sale of any state lands, except as provided 
in this act, * * * and, provided, further, that all 

leases and conveyances of state lands by the State Board 
of Land Commissioners shall contain a reservation to the 
state of all coal, oil and gas contained therein. 

Section 70. Rental of Coal Lands. Any person, asso¬ 
ciation, co-partnership or corporation, leasing and operac- 


MINING LAWlS—STATE OF MONTANA. 

ing coal land under the provisions of this Act, shall pay 
to the State the minimum price of not less than ten (io) 
cents per ton, for each and every ton of merchantable coal 
so mined from said land, to be paid monthly on or be¬ 
fore the 25th day of each month, for the coal mined dur¬ 
ing the preceding calendar month. Should the lessee of 
such coal land fail to mine during any one year the mini¬ 
mum amount that may be provided for in the term of the 
lease, he shall, notwithstanding such failure, pay to the 
state the minimum rental provided for in said lease. 
Should any person apply to lease any of the coal lands be¬ 
longing to the State, upon which there are surface or 
underground improvements placed or made by a former- 
lessee, before a lease shall issue, said applicant shall file 
in the office of the Register a receipt showing that the* 
price of said improvements, as agreed upon by the parties, 
or fixed by the State Land Agent, or one of his assistants, 
has been paid to the owner thereof in full, or shall make 
satisfactory proof that he has tendered to such owner the 
price of such surface or underground improvements so 
agreed upon or fixed; or proof that the owner of such im¬ 
provements elects to remove them. 

Section 71. Location of Mining Claims on State Lands. 
Locations of mining claims not exceeding six hundred 
(600) feet in width and fifteen hundred (1500) feet in 
length, each, may be made upon lands belonging to the 
State as follows: The discoverer of a body of mineral 
in either a vein, lode, or ledge, or mineral in a placer 
deposit shall immediately post conspicuously a notice 
that he has made such a discovery, on the date stated 
in such notice, and shall complete such location in all 
respects as prescribed by the laws of this State for the 
location of mining claims upon the public lands of the 
United States, except that no notice of such location need 
be recorded in the office of the County Clerk, but such 
notice shall be filed with the Register of State Lands. 
Such procedure shall empower the locator to retain pos¬ 
session of and operate said claim for the period of one 
year, at the end of which time, he shall be required to 
purchase said claim ten dollars per acre or take a lease 
thereof at such price, or upon such terms as may be 


81 


Royalties on state 
coal land leases. 


Must pay royalty 
on minimum fixed 
regardless of 
mining. 


Lessee must pur¬ 
chase improve¬ 
ments on lands if 
not removed by 
former lessee. 


Location of min¬ 
ing claim may be 
made on state 
lands. 


Notice of dis¬ 
covery. 


Notice be filed 
when. 


Must pay $10 per 
acre or lease land 
within one year. 


82 


MINING LAWS—STATE OF MONTANA. 


Proofs of mineral 
character of claim 
required. 


Coal lands ex¬ 
cepted. 


Hearings. 


Lands within lim¬ 
its of town or 
city or 3 miles 
thereof reserved. 


Stone quarries to 
be leased upon a 
royalty basis only. 


Remainder of land 
may be leased. 


Right of way to 
be reserved. 


agreed upon between him and the State Board of Land 
Commissioners. 

Section 72. Proof of Mineral Character of Land. Be¬ 
fore the locator will be allowed to purchase the claim 
located by him, satisfactory proof at a hearing, if deemed 
necessary, must be submitted tO' the State Board of Land 
Commissioners, that such claim is more valuable for min¬ 
eral purposes than for any other purpose, and that the 
same contains a body of mineral in place, or a placer de¬ 
posit, of sufficient value to-justify the operation of the 
same as a present fact; provided, that no mining claim 
shall be located upon any coal or oil lands; and, pro¬ 
vided, further, that all hearings under the provisions of 
this section shall be had before the contest board with 
like procedure as other contested cases; and provided, 
further, that no lands classified under subdivision four of 
the classification in the constitution shall be sold as min¬ 
eral lands, but the mineral therein may be sold separately 
from the surface. 

Section 73. Lands Valuable for Stone. Whenever it 
shall appear to the State Board of Land Commissioners 
that there is a deposit of stone valuable for building, min¬ 
ing, or other commercial purposes upon any section or 
subdivision of State Land, the board shall not lease the 
same for any purpose except for the extraction and work¬ 
ing of the stone and then upon a royalty basis only, upon 
such terms as the board shall prescribe. The board 
may lease the remainder of the section or subdivision for 
agriculture, grazing, or other purposes, as may appear for 
the best interests of the state, as other state lands are 
leased; but shall provide in all such cases for a right of 
way across said state land or any adjoining state land 
for all purposes connected with the working and dis¬ 
position of the stone. 


MINING LAWS—STATE OF MONTANA. 


33 


Chapter 3. 


Acquisition of Water Rights. 

(Title VII., Division II., Part IV., Revised Codes.) 

Section 4840. What Waters May be Appropriated. 

4841. Appropriations to be for Useful Purpose. 

4842. Point of Diversion May be Changed. 

4843. Water turned Into Natural Channel May be Re¬ 

claimed. 


4844. Return of Surplus Water to Stream. 

4845. First in Time, First in Right. 

4847. Notice of Appropriation.* 

4848. Diligence in Appropriating. 

4849. Effect of Failure to Comply With Provisions. 

4850. Record of Declaration. 

4851. Record Prima Facie Evidence. 

4852. Rights Settled in One Action. 

4853. Record of Declaration Notices. 

4854. Measurement of Water—Cubic Foot. 

4855. Miners’ Inch—Equivalent in Gallons. 

4856. Act not to Affect Existing Decrees. 

4857. Right to Construct Dams. 

4858. Highways to be Protected. 

4859. Penalty for Violating Preceding Section. 

4860. Owners of Water May Sell Surplus. 

4861. Duty of Purchaser to Dig Ditches. 

4862. Enforcement of Right to Surplus. 

4863. Purchaser Cannot Sell. 

4864. Dam or Reservoir to be Securely Constructed. 

4865. No Person to Use Insecure Reservoir. 

4866. Surveys of Ditches—Filing Map. 

4867. Effect of Decree upon Subsequent Appropriators. 

4868. Appropriations Subject to Prior Decrees. 

4869. Non-adjudicated Streams not Affected by Act. 

4870. Appropriations Pending Litigation Subject to De* 


cree. 


4871. Appropriation From Adjudicated Stream—Notice. 

4872. Application Filed With Clerk of District Court. 

4873. Duties of Court. 

4874. Deposit for Expenses. 

4875. Payment of Expenses. 

4876. Record of Survey. 

4877. Statutory Measurements. 

4878. Penalty. 

4879. Effect of Decree. 

4884. Appointment of Water Commissioner. 

4887. Objection to Commissioner’s Award. 

4888. Record of Commissioner—Expenditures. 


8 4 


MINING LAWS—STATE OF MONTANA. 


Water rights ac¬ 
quired by appro¬ 
priation. 


Appropriation 
must be for useful 
purposes. 


Abandonment. 


Place of diversion 
and use changed 
and ditch extend¬ 
ed, when. 


Use of and min¬ 
gling waters in 
other streams. 


Must return sur¬ 
plus water to 
streams for use 
by later appro- 
priator. 


Liable for dam¬ 
ages for failure 
to do so, when. 


4889. Fees and Compensation. 

4890. Users Must Maintain Head Gates, etc. 

Section 4840. What Waters May be Appropriated. The 

right to the use of any unappropriated water of any 
natural stream, water course, spring, dry coulee, or other 
natural source of supply, and of any running water flow¬ 
ing in the streams, rivers, canyons and ravines of this 
state, may hereafter be acquired by appropriation. 

Section 4841. Appropriation to be for Useful Purpose. 
The appropriation must be for some useful or beneficial 
purpose, and when the appropriator or his successor in 
interest abandons and ceases to use the water for such 
purpose the right ceases; but questions of abandonment 
shall be questions of fact and shall be determined as other 
questions of fact. 

Section 4842. Point of Diversion May be Changed. The 

person entitled to the use of water may change the place 
of diversion, if others are not thereby injured, and may 
extend the ditch, flume, pipe, or aqueduct, by which the 
diversion is made, to any place other than where the first 
use was made, and may use the water for other purposes 
than that for which it was originally appropriated. 

Section 4843. Water Turned Into Natural Channel Majr 
be Reclaimed. The water appropriated may be turned 
into the channel of another stream and mingled with its 
waters, and then be reclaimed, but, in reclaiming it, water 
already appropriated by another must not be diminished 
in quantity, or deteriorated in quality. 

Section 4844. Return of Surplus Water to Streams. In 
all cases where by virtue of prior appropriation, any per¬ 
son may have diverted all the water of any stream, or 10 
such an extent that there shall not be an amount suffi¬ 
cient left therein for those having a subsequent right to the 
waters of such stream, and there shall, at any time, be a 
surplus of water so diverted, over and above what is 
actually and necessarily used by the prior appropriator, 
such person shall be required to turn and cause to flow 
back into the stream, such surplus water, and upon failure 
so to do, within twenty-four hours after demand being 
made upon him in writing to him in person or at his place 
of abode,, by any person having a right to the u$e df such 
surplus water, the person so diverting the same sliall be 


MINING LAWlS—STATE OF MONTANA. 


85 


liable to the person aggrieved for the damage resulting 
therefrom, in such sum as may be determined by court. 

Section 4845. First in Time, First in Right. As be¬ 
tween appropriators the one first in time is first in right. 

Section 4847. Notice of Appropriation. Any person 
hereafter desiring to appropriate water must post a notice 
in writing in a conspicuous place at the point of intended 
diversion, stating therein: 

1. The number of inches claimed, measured as herein¬ 
after provided. 

2. The purpose for which it is claimed and place of 
intended use. 

3. The means of diversion, with size of flume, ditch, 
pipe, or aqueduct by which he intends to divert it. 

4. The date of appropriation. 

3. The name of the appropriator. 

Within twenty days after the date of appropriation the 
appropriator shall file with the County Clerk of the 
County in which such appropriation is made a notice 01 
appropriation, which in addition to the facts required to 
be stated in the posted notice, as hereinbefore prescribed, 
shall contain the name of the stream from which the 
diversion is made, if such stream have a name, and if it 
have not, such a description of the stream as will iden¬ 
tify it, and an accurate description of the point of diver¬ 
sion on such stream, with reference to some natural ob¬ 
ject or permanent monument. The notice shall be verified 
by the affidavit of the appropriator, or some one in his 
behalf, which affidavit must state that the matters and 
facts contained in the notice are true. 

Section 4848. Diligence in Appropriating. Within 
Forty Days after posting such notice the appropriator 
must proceed to prosecute the excavation or construction 
of the work by which the water appropriated is to be 
diverted, and must prosecute the same with reasonable 
diligence to completion. If the ditch or flume, when 
constructed, is inadequate to convey the amount of water 
claimed in the notice aforesaid, the excess claimed above 
the capacity of the ditch or flume shall be subject to ap¬ 
propriation by any other person, in accordance with the 
provisions of this Title. 


First in time, first 
in right. 


Notice of appro¬ 
priation to be 
posted. 


Contents of notice. 


Notice to be filed 
when and where. 


Additional facts 
to be stated in 
filed notice. 


Verification of 
notice. 


Time within which 
work on ditch 
shall be com¬ 
menced and how 
prosecuted. 


Amount of water 
appropriated lim¬ 
ited by ditch 
capacity. 


86 


MINING LAWS—STATE OF MONTANA. 


Failure to comply 
with provisions of 
Act. 


Relation back. 


Record of declara¬ 
tion of former lo¬ 
cations and ap¬ 
propriations. 


Proviso. 


Record to be 
prima facie evi¬ 
dence of what. 


Actions to settle 
water rights on 
same streams. 


Assessment of 
damages for 
wrongful diver¬ 
sion. 


Section 4849. Effect of Failure to Comply With Pro¬ 
visions. A failure to comply with the provisions of thio 
Title deprives the appropriator of the right to the use of 
water as against a subsequent claimant who complies 
therewith, but by complying with the provisions of this 
Title, the right to the use of the water shall relate back to 
the date of posting the notice. 

Section 4850. Record of Declaration. Persons who 
have heretofore acquired rights to the use of water shall, 
within six months after the publication of this title, file in 
the office of the County Clerk of the county in which the 
water right is situated, a declaration in writing, except 
notice be already given of record as required by this Title, 
or a declaration in writing be already filed as required by 
this section, containing the same facts as required in the 
notice provided for record in Section 4847 of this title 
and verified as required in said last mentioned section in 
cases of notice of appropriation of water; Provided, that 
a failure to comply with the requirements of this section 
shall in no wise work a forfeiture of such heretofore ac¬ 
quired rights, or prevent any such claimant from establish¬ 
ing such rights in the courts. 

Section 4851. Record Prima Facie Evidence. The 
record provided for in Sections 4847 and 4850, of this Title 
when duly made, shall be taken and received in all courts 
of this State as prima facie evidence of the statements 
therein contained. 

Section 4852. Rights Settled in One Action. In any 
action hereafter commenced for the protection of rights 
acquired to water under the laws of this State, the plain¬ 
tiff may make any or all persons who have diverted water 
from the same stream or source parties to such action, 
and the court may in one judgment settle the relative 
priorities and rights of all the parties to such action. 
When damages are claimed for the wrongful diversion 
of water in any such action, the same may be assessed 
and apportioned by the jury in their verdicts, and judg¬ 
ment thereon may be entered for or against one or more 
of several plaintiffs, or for or against one or more of sev¬ 
eral defendants, and may determine the ultimate rights of 
the parties between themselves. 


MINING LAWiS—STATE OF MONTANA. 


87 


In any action concerning joint water rights, or joint 
rights in water ditches, unless partition of the same kind 
is asked 'by parties to the action, the court shall hear and 
determine such controversy as if the same were several as 
well as joint. 

Section 4853. Record of Declaration Notices. The 
County Clerk must keep a well bound book, in which he 
must record the notices and declarations provided for in 
this Title, and he shall be entitled to have and receive 
the same fees as are now or hereafter may be allowed by 
law for recording instruments entitled to be recorded. 

Section 4854. Measurement of Water—Cubic Foot. 
Hereafter a cubic foot of water (7.48 gallons) per second 
of time shall be the legal standard for the measurement 
of water in this State. 

Section 4855. Miners’ Inch—Equivalent in Gallons. 

Where water rights expressed in- miners’ inches have been 
granted, one hundred miners’ inches shall be considered 
equivalent to a flow of two and one-half cubic feet (18.7 
gallons) per second; two hundred miners ’inches shall be 
considered equivalent to flow of five cubic feet (37.4 
gallons) per second, and this proportion shall be observed 
in determining the equivalent flow represented by any 
number of miners’ inches. 

Section 4856. Act Not to Affect Existing Decrees. Pro¬ 
vided, that the provisions of this bill shall not affect or 
change the measurement of water heretofore decreed by a 
Court, but such decreed water shall be measurd according 
to the law in force at the time such decree was made and 
entered. 

'Section 4857. Right to Construct Dams. The right to 
conduct water from or over the land of another for any 
beneficial use, includes the right to raise any water by 
means of dams, reservoirs or embankments to a sufficient 
height to make the same available for the use intended, 
and the right to any and all land necessary therefor, may 
be acquired upon payment of just compensation in the 
manner provided by law for the taking of private property 
for public use; 

PROVIDED, FURTHER, that if it is necessary to con¬ 
duct the water across the right of way of any railroad, 


Actions concerning 
joint water rights. 


Record of declara¬ 
tory notices. 


Fees. 


Legal standard for 
measurement of 
water. 


Miners’ inch; 
equivalent in gal¬ 
lons. 


Measurement 
where rights have 
been fixed by de¬ 
cree of court. 


Lands for dams 
and reservoirs 
may be acquired 
by condemnation. 


88 


Notice to railroads 
before ditch can 
be constructed 
across right of 
way. 


Duty of ditch 
owner to protect 
public highways. 


Penalty for viola¬ 
tion of preceding 
section. 


Disposition of 
fines collected. 


Persons owning 
surplus waters 
may be compelled 
to sell the same. 


MINING LAWS—STATE OF MONTANA. 

it shall be the duty of the owners of the ditch or flume to 
give thirty days’ notice in writing to the owner or owners 
of such railway of their intention to construct a ditch or 
flume across the right of way of such railroad and the 
point at which the said ditch or flume will cross the 
railroad; also the time when the construction of said 
ditch or flume will be made. If the owner or owners 
of such railroad or their agent fails to appear and attend 
at the time and place fixed in said notice, it shall be law¬ 
ful for the owner or owners of the said flume or ditch to 
construct the same across the right of way of such rail¬ 
road, without further notice to said owner or owners of 
the railroad. 

Section 4858. Highways to be Protected. Any person 
who digs and construct ditches, dykes, flumes or canals, 
over or across any public roads or highways, or who uses- 
the waters of such ditches, dykes, flumes or canals, is .re¬ 
quired to keep the same in good repair at such crossings 
or other places where the water from any such ditches, 
dykes, flumes or canals may flow over, or in any wise 
injure any roads or highways, either by bridging or other¬ 
wise. 

Section 4859. Penalty for Violating Preceding Section. 

Any person offending against the preceding section, on 
conviction thereof, shall pay for every offense a fine of not 
less than twenty-five dollars, nor more than one hundred 
dollars, with cost of prosecution. One-half of the fine 
shall be paid into the County Treasury for the benefit of 
the common schools of the county in which the offense 
was committed and the other half shall be paid to the per¬ 
son informing the nearest magistrate that such offense 
has been committed, who shall issue a warrant upon 
proper complaint being made. 

Section 4860. Owners of Water May Sell Surplus. Any 
person having the right to use, sell or dispose of water, 
and engage in using, selling or disposing of the same, who 
has a surplus of water, not used, or sold, or any person 
having a surplus of water, and the right to sell and dis¬ 
pose of the same, is required upon the payment or tender 
to the person entitled thereto an amount equal to the 
usual and customary rates per inch, to convey and deliver 


MINING LAWlS—STATE OF MONTANA. 


89 


to the person such surplus of unsold water, or so much 
thereof for which said payment or tender shall have been 
made, and shall continue so to convey and deliver the 
same weekly so long as said surplus of unused or unsold 
water exists and said payment or tender be made as afore¬ 
said. 

Section 4861. Duty of Purchaser to Dig Ditches. Any 
person desiring to avail himself of' the provisions of the 
preceding section must, at his own cost and expense, 
construct or dig the necessary flumes or ditches to re¬ 
ceive and convey the surplus water so desired by him, 
and pay or tender to the person having the right to the 
use, sale or’ disposal thereof, an amount equal to the 
necessary cost and expense of tapping any gulch, stream, 
reservoir, ditch, flume or aqueduct, and putting in gates, 
gauges or other proper and necessary appliances usual 
and customary in such cases, and until the same shall be 
done, the delivery of the said surplus water shall not be 
required as provided in the preceding section. 

Section 4862. Enforcement of Right to Surplus. Any 
person constructing the necessary ditches, aqueducts or 
flumes, and making the payments or tenders hereinbefore 
provided, is entitled to the use of so much of the said 
surplus water as said ditches, flumes or aqueducts have 
the capacity to carry, and for which payment or tender 
is made, and may institute, and maintain any appropriate 
action at law or in equity for the enforcement of such 
right or recovery of damages arising from a failure to 
deliver or wrongful diversion of the same. 

Section 4863. Purchaser Cannot Sell. Nothing in the 
three preceding sections shall be so construed as to give 
the person acquiring the right to the use of water as 
therein provided, the right to sell or dispose of the same 
after being so used by him, or prevent the original owner 
or proprietor from retaking, selling and disposing of the 
same in the usual and customary manner, after it is so 
used as aforesaid. 

Section 4864. Dam or Reservoirs to be Securely Con¬ 
structed. No person shall hereafter fill, or procure to be 
filled with water, any dam or reservoir which is not so 
thoroughly and substantially constructed as that it will 


Duty of persons 
desiring to pur¬ 
chase surplus 
water. 


Actions to compel 
sale of surplus 
water or 1 ecover 
damages for 
refusal. 


Purchases under 
the 3 preceding 
sections cannot 
sell water so 
acquired. 


Dams required to 
be secure. 





90 


MINING LAWS—STATE QF MONTANA. 


Use of insecure 
dams forbidden. 


Notice of intended 
survey of ditches. 
Where published. 


Qualifications and 
duty of engineer. 


Map to be made 
and verified by 
affidavit. 


Survey may be 
made when. 


Notice of post¬ 
ponement to be 
given to whom. 


safely and securely hold the water to be turned therein. 

Section 4865. No person to Use Insecure Reservoir. No 
person shall hereafter construct, or cause to be construct¬ 
ed, on a stream, any dam or reservoir to accumulate the 
waters thereof, except in a thorough, secure and substan¬ 
tial manner. 

Section 4866. Surveys of Ditches—Filing Map. Any 
person availing himself of the provisions of the preced¬ 
ing Sections, and who shall have complied with said pre¬ 
ceding Sections relating to the appropriation of water, 
may, within six months after his ditch is completed, pub¬ 
lish a notice, once a week for two successive weeks, in a 
newspaper designated by the County Commissioners as 
the official paper of the County, stating that he will, on 
a date to be therein mentioned which date shall be not 
less than twenty nor more than thirty days after tne first 
publication of said notice, cause said ditch to be surveyed 
by a competent Civil Engineer, whose name ^hall be 
given, and stating the name of stream, and such a gen¬ 
eral description as will identify the ditch. It shall be the 
duty of said, person to employ a competent civil engineer 
to make such survey, and it shall be the duty of such civil 
engineer to survey said ditch, ascertain its grade, measure 
the headgate thereof, and measure said ditch in such other 
places as may be necessary to show its carrying capacity, 
and also measure the land irrigated by said ditch, or pro¬ 
posed to be irrigated thereby, and to make a map showing 
the general courses of the ditch and the land irrigated or 
proposed to be irrigated therefrom, giving the grade ana 
the dimensions of the head gate and other dimensions of 
the ditch where measured, and attach thereto his affidavi: 
showing the date when he commenced the survey of saui 
ditch, the date when completed, the names of the persons 
who assisted him, and that said map and the date given 
thereon are correct. 

If for any reason the survey cannot be made upon the 
day designated in the notice, it may be made on any sub¬ 
sequent day, and the person who caused said survey to 
be made shall file an affidavit showing why the survey 
was not made on the day mentioned in the notice; Pro¬ 
vided, however, that if any person appears upon the 


MINING LAWlS—STATE OF MONTANA. 


9 1 


ground at the time mentioned in the notice and serves 
a written notice that he desires to be present when said 
survey is made, the person who caused said ditch to be 
made shall give such person at least three' days’ written 
notice of the time when said ditch shall be surveyed. The 
said survey of said ditch may be continued from day tj 
day, or from time to time, as may be necessary to com¬ 
plete it, and any person shall have the right to be present 
at said survey. The map made by the surveyor, his 
affidavit, and the affidavit of publication of the notice 
aforesaid, shall within thirty days from the completion of 
said survey, be held in the office of the Clerk and Re¬ 
corder of the county wherein the notice of appropriation 
is filed, and such affidavit and map, or certified copies 
thereof, shall be prima facie evidence of the facts therein 
shown and stated in all courts in this State in actions 
relating to said ditch and water right. 

Section 4867. Effect of Decree upon Subsequent Ap¬ 
propriations. Whenever there shall have been an adjudi¬ 
cation of the rights between appropriators or claimants, 
any stream or any other water supply in this State, in any 
District Court of the State, or the United States Court, 
in an action prosecuted in good faith between such appro¬ 
priators, or claimants, to determine ’their respective right* 
to the use of such waters, and which decree is based upon 
evidence introduced and not upon stipulations or admis¬ 
sions of the parties, such adjudication and decree, or certi¬ 
fied copies thereof, shall, as against all persons, appro 
priating or diverting any. of the waters of said stream, 
or other water supply after the date of such decree, in an 
action relating to such waters, be prima facie evidence of 
the facts therein found, determined and decreed, respecting 
the rights of parties to said action to the use of the waters 
of said stream, or other water supply. 

Section 48 68. Appropriations of Water Subject to 
Prior Decrees. All water hereafter appropriated by an}?- 
person, association, company, or corporation after the pas¬ 
sage of this Act, from any stream, creek, spring, canyon, 
river or ravine in this State, in which the water rights 
therein have been adjudicated and decreed prior to the 
passage of this Act, and a decree of a Court of Competent 


Map, affidavits 
and notice to be 
held where. 


Prima facie evi¬ 
dence of what. 


Adjudication of 
water rights in a 
stream shall bind 
subsequent appro¬ 
priators to what 
extent. 


Shall be prima 
facie evidence of 
what facts. 


Subsequent appro¬ 
priations shall be 
subject to decrees 
had prior to pas¬ 
sage of this Act. 


92 


MINING LAWS—STATE OP MONTANA. 


Appropriations in 
non-adj udicated 
streams. 


Appropriations 
pending litigation 
subject to deci¬ 
sions therein. 


Notice of appro¬ 
priation in 
streams in which 
existing rights 
have been adjudi¬ 
cated. 


Contents of 
notice. 


Work of diversion 
to be prosecuted 
how. 


Amount not to 
exceed capacity 
of ditch. 


Application to 
have ditch capaci¬ 
ty measured. 


Jurisdiction entered therein shall be subject to such 
decree. 

Section 4869. Non-adjudicated Streams not Affected by 
Act. In all streams, creeks, springs, canyons, rivers and 
ravines, in which the water rights therein have not been 
adjudicated by a Court of Competent Jurisdiction, water 
shall be appropriated in the same manner as provided by 
law, at the time of the passage of this Act. 

Section 4870. Appropriations Pending Litigation Sub¬ 
ject to Decree. At such time as there may be legal pro¬ 
ceedings instituted by the owner or owners of any water 
right or water rights in any stream, spring, creek, canyon, 
river or ravine, before any Court of Competent Jurisdic¬ 
tion, all subsequent appropriations made in any such 
streams, creeks, springs, canyons, rivers or ravines will 
be subject to such suit as may be instituted and shall not 
date prior to the date of the beginning of said suit, and 
will be subject to the rulings and decisions thereunder. 

Section 4871. Appropriation From Adjudicated Stream 
Notice. Any person desiring to appropriate water in any 
stream, creek, canyon, river or ravine, wherein the rights 
of water therein have been adjudicated and decreed, shall 
post a notice in writing in a conspicuous place at the 
point of the intended diversion, stating therein: 

1. The flow claimed, expressed in cubic feet per second. 

2. The purpose for which said water is claimed, and 
the place of intended use. 

3. The name of the stream, creek, spring, canyon, 
river, or ravine. 

4. The name of the appropriator or appropriators. 

5. The date of posting said notice. 

The work in the construction and completion of the 
means of diverting and conveying water to place of use, 
shall be prosecuted with reasonable diligence, otherwise 
no rights shall be acquired by such appropriator, and no 
appropriator shall acquire any rights to water in excess of 
the carrying capacity of the ditch or means of conveying 
water, nor in excess of the amount actually needed by the 
appropriator for some useful and beneficial purpose. 

Section 4872. Application Filed With Clerk of District 
Court. Within forty days from the date of the comple- 


MINING LAWlS—STATE OF MONTANA. 


93 


tion of the works of irrigation, the appropriator shall file 
with the Clerk of the District Court in the County in 
which said water is to be appropriated, an application in 
writing to have such ditch measured and the capacity 
determined, as htrein provided. 

Such application shall contain the sworn statement of 
the appropriator, in which is given the name of the stream 
from which said water is to be appropriated, the amount 
of water to be diverted, the intended point of diversion, 
the intended use of such water, and the place of intended 
use, and the name of the appropriator. 

The Clerk of the District Court upon receipt of such 
application, duly executed and presented by the applicant 
or his attorney shall enter the same upon the court records 
of said county, and thereupon issue an order directing 
a competent civil engineer to proceed to measure and 
determine the capacity of said ditch (expressed in flow 
of cubic feet second) definitely locate the exact point of 
the diversion by a course and distance to some established 
corner of the public surveys, or if there be no such corner 
within two miles of said ditch, then a connecting line shall 
be run to some suitable permanent object or monument 
that will not be destroyed or defaced, and to report the 
results of such measurements and surveys, together with 
a plat, in duplicate, on which shall be shown the location 
of said point of diversion, together with the connecting 
line, to the corner of the public surveys or monuments, 
the size and capacity of the ditch and headgate, the date 
of the notice of appropriation, the date of the survey, the 
name of the stream, the name of the appropriator or ap- 
propriators, the purpose and place of intended use, and in 
case the use be for irrigation, the plat must show the 
location and area of land to be irrigated thereby, and make 
such returns to the Clerk of the Court within thirty (30) 
days from the receipt of said order. 

The Clerk shall thereupon cause to be published, in the 
newspaper published nearest the point of diversion once 
a week in three successive issues of said paper, a notice 
giving the name of the appropriator, amount of appropria¬ 
tion, and name of stream from which the water is appro¬ 
priated. Any person or persons interested in the waters 


Contents of appli¬ 
cation. 


10 tew 

Duty of Clerk of 
District Court on 
filing of applica¬ 
tion. 


Duty of engineer. 


Publication by 
Clerk of District 
Court. 


94 


MINING LAWS—STATE OP MONTANA. 


Hearing before 
the District Court* 


Power of the 
Court 


Deposit of expense 
money. 


Clerk to fix and 
estimates by the 
Clerk. 


Engineer shall be 
paid by the Clerk 
of the Court. 


of said stream may, on or before the last day of publica¬ 
tion, file with the clerk, written objections to such appro¬ 
priation. 

Section 4873. Duties of Court. The Clerk of the Dis¬ 
trict Court, immediately after the expiration of the period 
of publication, the receipt of the report and plat of the 
surveyor, and proof of publication of notice, shall file the 
same, and on the first day of a regular or special term of 
court thereafter, shall present all papers to the court for 
consideration. If no objections are filed, the court shall 
enter an order allowing said appropriation. If objections 
are made, the court shall fix a day for hearing, and on 
such hearing witnesses may testify, and the court after 
hearing may make any order deemed proper in the prem¬ 
ises. 

Section 4874. Deposit for Expenses. The appropriator 
shall, at the time of filing his application with the ClerK 
of the District Court, make a deposit with said clerk, in 
a sum sufficient to cover all expense for the legal fees 
for filing any action, together with stenographer’s fees, 
and fees for filing and recording all decrees and other 
papers in the matter, and the cost of the survey, not to 
exceed ten dollars per day, and necessary traveling ex¬ 
penses, and five dollars for each plat filed, said sum to be 
fixed and estimate made by the Clerk of the District 
Court, and residue remaining in the possession of said 
clerk, when all fees and costs are paid shall be returned 
to the applicant; should there not be sufficient money 
deposited to meet all fees and expenses said water right 
shall be of no force and effect, until the same have been 
paid. 

Section 4875. Payment of Expenses. The Clerk of the 
District Court, shall upon receipt of any report made in 
conformity with the provisions of this Act, and duly 
certified to by a civil engineer, pay to him out of the 
moneys deposited with him for said purpose, a sum not to 
exceed ten dollars per day and necessary traveling ex¬ 
penses, and five dollars for each plat made and filed, upon 
the civil engineer presenting the proper bill, duly sworn 
to, for said expenses. A receipt of any such payment 
shall be given to the Clerk. 


MINING LAWS—STATE OF MONTANA. 


95 


Section 4876. Record of Survey. The Clerk of the Di>- 
trict Court shall keep in his office a suitable bound book, 
in which shall be kept an accurate record of all survey.*, 
and reports made in accordance with this Act. 

Section 4877. Statutory Measurements. Where water 
rights have been decreed in statutory or miners’ inch 
be equivalent to a flow of two and one half cubic feet per 
second, and one hundred miners’ or statutory inches shall 
be equivalent to a flow of two and one cubic feet per sec- 
second, and this proportion shall be observed in determin¬ 
ing the equivalent flow of any number of miners’ or 
statutory inches. 

Section 4878. Penalty. A failure to comply with the, 
provisions of this Act deprives the appropriator of the 
right to such decree, as against a subsequent claimant 
who complies herewith. 

Section 4879. Effect of Decree. Any person or per¬ 
sons appropriating water under the provisions of this Act 
shall be subject to, bound by, and shall comply with any 
decree of court adjudicating the waters of such stream, 
or any stream of which the same may be a tributary or 
feeder, as fully and to the same extent as if said person or 
persons were original parties to the action wherein the 
said decree is made and entered, and any water commis¬ 
sioner or commissioners, appointed by the court to distri¬ 
bute waters under any decree shall have jurisdiction over, 
and shall distribute any waters appropriated under the 
provisions of this Act, according to priority. 

Section 4880. Effect of Failure to Comply With Pro¬ 
visions. A failure to comply with the provisions of this 
Act, deprives the appropriator of the right to use any 
water of such stream, as against any subsequent appro¬ 
priator complying herewith, and as against any prior ap¬ 
propriator mentioned in or bound by a decree of court. 

Section 4890. Users Must Maintain Head Gates, Etc. 
All persons using water under a decree from any stream 
whereon a water commissioner is appointed, shall be re¬ 
quired to have suitable head gates at the point wherein 
a. ditch taps a stream, and shall also, at some suitable place 
on the ditch and as near the head thereof as practicable, 
place and maintain a proper measuring box, weir or other 


Clerk to keep 
record of all sur- 
veyes and reports. 


To determine 
measurement 
when rights have 
been decreed in 
statutory or 
miners’ inches. 


Penalty by for¬ 
feiture. 


Appropriator un¬ 
der this Act bound 
by prior adjudica¬ 
tion of waters in 
the streams. 


Failure to comply 
with provisions of 
Act. 


Headgates requi¬ 
red on adjudicated 
streams. 


Measuring box. 


96 


MINING LAWS—STATE OF MONTANA. 



appliance for the measurement of the waters flowing in 
such ditch. In case any person or persons shall fail to 
place or maintain a proper measuring appliance, it shall 
be the duty of such water commissioner not to apportion 
or distribute any water through said ditch. 


Section 5535. 

5536. 

5537. 

5538. 

5539. 

5540. 

5541. 

5542. 

5543. 

5544. 


Chapter 4. 

Mining Partnerships. 

(Revised Codes.) 

Definition. 

Express Agreement not Necessary. 

Profits and Losses, Row Shared. 

Liens of Partners. 

Mine—Partnership Property. 

Partnership not Dissolved by Sale of Interest. 
Purchaser Takes Subject to Liens. 

Takes With Notice of Lien, When. 

How Partnership Bound. 

Owners of Majority of Shares Govern. 


Mining partner¬ 
ship defined. 


Partnership arises 
from what. 


Profits and losses, 
how shared. • 


Partners lien. 


Section 5535. Definition. A mining partnership exists 
when two or more persons who own or acquire a mining 
claim for the purpose of working it and extracting the 
mineral therefrom, actually engage in working the same. 

Section 5536. Express Agreement Not Necessary. An 
express agreement to become partners or to share the pro¬ 
fits and losses of mining, is not necessary to the formation 
and existence of a mining partnership. The relation arises 
from the ownership of shares or interests in the mine and 
working the same for the purpose of extracting the min¬ 
erals therefrom. 

Section 5537. Profits and Losses, How Shared. A 
member of a mining partnership shares in the profits and 
losses thereof in the proportion which the interest or share 
he owns in the mine bears to the whole partnership cap¬ 
ital or whole number of shares. 

Section 5538. Liens of Partners. Each member of a 
mining partnership has a lien on the partnership property 
for the debts due the creditors thereof, and for money ad¬ 
vanced by him for its uses. This lien exists notwith-: 
standing there is an agreement among the partners that 
it must not. 

Section 5539. Mine is Partnership Property. The min- 


MINING LA WiS—STATE OF MONTANA. 


97 


i n g ground owned and worked by partners in mining, 
whether purchased with partnership funds or not, is 
partnership property. 

Section 5540. Partnership Not Dissolved by Sale of 

Interest. One of the partners in a mining partnership 
may convey this interest in the mine- and business without 
dissolving the partnership. The purchaser, from the date 
of his purchase, becomes a member of the partnership. 

Section 5541. Purchaser Takes Subject to Liens. A 
purchaser of an interest in the mining ground of a min¬ 
ing partnership takes it subject to the liens existing in 
favor of the partners for debts due all creditors thereof, 
or advances made for the benefit of the partnership, un¬ 
less he purchased in good faith, for a valuable considera¬ 
tion, without notice of such lien. 

Section 5542. Purchaser Takes With Notice of Lien, 
When. The purchase of the interest of a partner in a 
mine when the partnership is engaged in working it, 
takes with notice of all liens resulting from the relation 
of the partners to each other, and to the creditors of the 
partnership. 

Section 5543. How Partnership Bound. No member of 
a mining partnership or other agent or manager thereof 
can, by .a contract in writing, bind the partnership, ex¬ 
cept by express authority derived from the members 
thereof. 

Section 5544. Majority of Shares Governs. The deci¬ 
sion of the members owning a majority of the shares or 
interests in a mining partnership binds it in the conduct 
of its business. 

Miners’, Assayers’, and Mining Engineers’, Exemption 
From Execution. 

(Revised Codes.) 

Section 6825. In addition to the property mentioned in 
the preceding section, there shall be exempt to all judg¬ 
ment debtors who are married, or who are heads of fam¬ 
ilies the following property: * * * To a miner: H^s 

cabin or dwelling, sluices and thousand dollars, and one 
horse or mule with harness, and food for such horse or 
mule, for three months when such horse or mule is used 
in working his mine or mining claim. 


When mining 
ground is partner¬ 
ship property. 


Sale of interest in 
mine and business 
does not dissolve 
partnership. 


Purchaser takes 
subject to lien 
when. 


Purchaser takes 
notice of lien 
when. 


What necessary 
to bind partner¬ 
ship. 


Majority rules. 


Property of mine 
exempt from ex¬ 
ecution. 


g8 


MINING LAWS—STATE OF MONTANA. 


Assayer. 

To a * * mining * * engineer: Instruments, 

tools, books and records necessary to carry on his profes¬ 
sion. 

To an * * * * assayer: The tools, instruments 

and supplies necessary to carry on his profession. 

Miners’ lien. 

Liens of Mechanics on Mining Property. 

(Revised Codes.) 

Section 7290. Every mechanic, miner, machinist, archi¬ 
tect, foreman, engineer, builder, lumberman, artisan, work¬ 
man, laborer, and any person performing any work and 
labor upon, or furnishing any material, machinery or fix¬ 
ture for any building, structure, bridge, flume, canal, 
ditch, aqueduct, mining claim, quartz lode, tunnel, city or 
town lot, farm, ranch, fence, railroad, telegraph, tele¬ 
phone, electrict light, gas or water works or plant, or any 
improvements upon complying with the provisions of this 
Chapter, for his work or labor done, or material, machin¬ 
ery or fixtures furnished, has a lien upon the property 
upon which the work or labor is done, or material fur¬ 
nished. 

What deemed fix¬ 
tures to mines. 

Fixtures Attached to Mine. 

(Revised Codes.) 

Section 4428. Sluice boxes, flumes, hose, pipes, rail¬ 
way tracks,' cars, blacksmith shops, mills, and all other 
machinery or tools used in working or developing a mine 
are to be deemed affixed to the mine. 

gelling mines. 

Fraud in Selling Mines, Etc. 

(Revised Codes.) 

Section 8692. Use of False Fretenses in Selling Mines. 

8693. Interference With Samples for Assay. 

8694. Making False Samples of Ore. 

Section 8692. False Pretensions in Selling Mine?. 

Every person who, with intent to cheat, wrong, or de¬ 
fraud, places in or upon any mine or mining claim any 

False assays. 

ores or specimens of ores not extracted therefrom, or 
exhibits any ore, or certificate of assay of ore not ex¬ 
tracted therefrom, for the purpose of selling any mine or 
mining claim, or interest therein, or who obtains any 
money or property by any such false pretenses or artifices., 
is guilty of a felony. 


MINING LAWiS—STATE OF MONTANA. 


99 


Section 8693. Interference With Samples for Assay. 
Every person who interferes with, or in any manner 
changes samples of ores or bullion producing for sampling 
or changes or alters samples or packages of ores or bullion 
which have been purchased for assaying, or who shall 
change or alter any certificate of sampling or assaying, 
with intent to cheat, wrong, or defraud is guilty of a 
felony. 

Section 8694. Making False Samples of Ores. Every 
person who, with intent to cheat, wrong, or defraud, 
makes or publishes a false sample of ore or bullion, or 
who makes or publishes, or causes to be published a false 
assay of ore or bullion is guilty of a felony. 

Destroying Notices—Penalty. 

(Revised Codes.) 

Section 8759. Every person who intentionally: 

1. Defaces, obliterates* tears down or destroys any 
copy or transcript or extract from or of any law of the 
United States or of this State, or any proclamation, ad¬ 
vertisement or notification set up at any place in. this 
State by authority of any law of the United States or of 
this State or by order of any court, before the expira¬ 
tion of the time for which the same was to remain set up; 
or, 

2. Defaces, obliterates, tears or destroys any notice 
placed or posted on a mining claim, or removes or de¬ 
stroys any stake or monument placed thereon to identify 
it 

Is punishable by imprisonment in the county jail not 
exceeding three months or by a fine not exceeding one 
hundred dollars, or both. 


Fraudulently 
changing or alter¬ 
ing samples or 
packages of ores 
or bullion or cer¬ 
tificate of assays. 


Fraudulently pub¬ 
lishing false certi¬ 
ficates or assays 
of ores. 


Destroying or 
tearing down any 
notice or monu¬ 
ment on mining 


IOO 


INDEX. 


INDEX. 


ACCIDENTS—Investigation by Inspector . 

ASSAYS—-False Reports .. 

Interference with Samples . 

CAGES—See Safety Cages. 

CHILD LABOR—Age Certificate .. 

employment prohibited ... 

liability of parent . 

penalty . 

record of children under sixteen ... 

COAL MINING CODE. 

accidents, duty of mine inspector in . 

accidents, duty of operator to make and preserve record of 

accidents, notice of to mine inspector .. 

approaches to abandoned mines, construction of . 

appropriation . 

blackboard, where to be kept and how used . 

blasting in gas bearing mines .... 

blasting to be done at end of shift, except when , . 

Board of Examiners of State Coal Mine Inspector. 

application and accompanying affidavit . 

application of examination to be made in writing . 

appointment of, for four years .. 

appointment of . 

certificates of witnesses to be issued by .•. 

compensation and expense . 

duties of, in examination .. 

examination by, to be confined to what subjects . 

furnish applicants with copies of what . 

oath of office . 

publication of posting of notice of meeting . 

qualification, term and oath of office . 

rules and regulations for examination may be adopted by 
shall file names of successful applicants with governor... 

shall meet for examination, when and where . 

to be appointed when . 

vacancy in, how filled . 

boundary lines not to be approached in working nearer 

than ten feet . 

brattices between inlets and outlets, how constructed.... 

brattice cloth to be used where . 

buildings, upon the surface, character and where placed.. 
Cages. 

construction and furnishings . . 

hosting or lowering men, things forbidden . 

must be given to men entitled to come out . 

must be operated by steam or electricity .,. 

to be used in mines of what depth. . 

caution boards and dangerous signals not to be removed., 
changing dates at room entrance and checks on cars for¬ 
bidden . 

check tveighman, miners may employ, when . 

check weighman, rights, powers and privileges. 

check weighman violating provisions of Section 45 . 

coal operators to fill in blanks answering questions cor¬ 
rectly and mail same to whom . 

Code of Signals. 

in mines deeper than 100 feet . 

none to be recognized except those approved by coal mine 

inspector . 

signals to be delivered in the engine room . 

condition of mine to be posted in notice, where . 

connection between adjacent mines not to be closed, when 

connection with adjacent mines . 

copper tools to be used, when . 


Section. 

Page. 


1717 


5 


8694 


99 


8693 


99 


1749 


67 

1746, 

1752 

66, 

68 


1747 


67 

1751, 

1754 

68, 

69 


1748 


67 


96 

56 

97 

56 

96 

56 

66 

41 

104 

61 

70 

43 

78 

46 

82 

47 

17 

22 

17 

22 

24 

25 

15 

21 

21 

24 

22 

24 

16 

22 

16 

22 

16 

22 

20 

23 

20 

23 

28 

25 

26 

25 

18 

23 

20 

23 

28 

25 

27 

25 

95 

55 

62 

39 

59 

38 

o4 

36 

47 

34 

91 

52 

92 

53 

55 

36 

55 

36 

86 

50 

86 

50 

44 

32 

44 

32 

45 

33 

100 

58 

99 

57 

100 

58 

100 

58 

8 

18 

58 

37 

58 

37 

SI 

47 



















































INDEX. 


Coroner’s Inquest. 

chairman of in absence of state eoxl mine inspector. 

duty of constables . 

jury .. 

notice to be given mine inspector, when. 

who shall be jurors ... 

County Attorney. 

in case of failure to act promptly . 

county commissioners to furnish to examiners coal mine 
foremen and fire bosses with papers and blanks. 

County Examining Board. 

appointment and composition of . 

board of county commissioners to furnish' with blanks,’ etc 
candidates must return papers and answers to board 
certificates of competency to be issued to whom 

compensation of board .i 

examination of mine foreman, mine examiner or fire boss 

fees to be paid by applicants . 

meetings of . 

questions and answers to be filed with whom ...! 

scope of examination . \ 

text books which may be used upon . . 

Definition. 

“excavations” and “workings” . 

“follow shot” . . . . . . 

“mines” and “coal mines” . I...!.!!!.!!....!!!!! 

“mine examiner” . .'.!!!! 

“mine foreman” ‘.. 

“operator” ... 

* i ShcL>f t** 

“stope” and “drift” . . 

District Court. 

appointment of board of examiners for coal mine fore¬ 
man, etc.. 

duty regarding coal mine inspections . 

proceedings in and before in case of charges against in¬ 
spector . 

shall order owner to permit inspection, when . 

duty of prosecuting attorney . 

drainage of traveling ways and intakes of air . 

draw-slate, rules regarding . 

drill holes to be used when working near abandoned mines 

duties of foreman . 

duties of motorraen, trip riders and drivers . 

electrical connections, manner of making . 

employes to use traveling way and not loiter . 

engine house, notice to be posted on . 

engine to be operated at what rate hoisting men . 

entering fire damp mines, forbidden when . 

erasing and changing references or monument marks for¬ 
bidden . 

equipment for injured men required to be kept . 

escapement, controlling surface rights and keeping same 

clean . 

escapement, distance between and main shaft . 

escapement shaft and place of egress . 

escapement shaft, construction of, forbidden . 

escapement shaft, management of surface water in . 

escapement shaft, must be examined weekly .. 

escapement shaft, steam not to be discharged into. 

Examination of Applicants for Coal Mine Inspector. 

see “board of Examiners of Coal Mine Inspector.” 

Examination of Mine Foreman, Mine Examiner or Fire Boss. 

see “County Examining Board.” 

examination of working places by miners required. 

explosives, how and where to be kept .•. 

explosives, quantity to be used at any one time 
explosives, pi’ecaution to be observed in opening and 

handling .• ••. 

fans, furnaces and other means to be kept in operation., 
fees to be paid attorney acting ocher than County At¬ 
fire boss, applicants for examination, requirements of.... 

“following shot” not to be put off .. ••••••. 

foreman, shall visit and examine what, each alternate day 
foreman to remove explosive and combustible material..,. 

foreman shall examine, wdiat, twice each week. 

gates at landings . 



IOI 

Section. 

Page. 

98 

57 

98 

57 

98 

57 

98 

57 

98 

57 

103 

60 

29 

26 

28 

25 

29 

26 

29 

26 

29 

26 

35 

29 

29 

26 

24 

25 

32 

27 

29 

26 

29 

26 

29 

26 

104 

61 

104 

61 

104 

61 

104 

61 

104 

61 

104 

61 

104 

61 

104 

61 


28 

25 

12 

20 

13 

21 

12 

20 

45 

33 

70 

43 

82 

47 

66 

41 

73 

43 

85 

48 

S4 

49 

88 

59 

100 

58 

100 

58 

86 

50 

86 

50 

93 

53 

58 

37 

53 

36 

50 

35 

56 

37 

56 

37 

52 

35 

56 

37 


83 

48 

79 

46 

79 

46 

80 

47 

63 

39 

103 

60 

34 

28 

82 

47 

73 

43 

72 

43 

70 

43 

49 

34 
























































102 


INDEX. 


Examination of Mine Foreman, Mine Examiner or Fire Boss.- 

gates on cages .... 

hand-hold on cages . 

hauling roads, clearance to be kept unobstructed . 

hauling roads, clearance, size of . 

hay and straw quantity to be stored in mine . 

hay and straw to be in bales . 

hoisting and lowering men, regulation . 

hosting engineer, duties of whjle on duty . 

hoisting engineer, duty regarding engine . 

hoisting engineer shall be in constant attendance during 

working hours . 

hoisting engineer shall thoroughly understand code of 

signals . 

holes, depth of . 

injured men, equipment and transportation of . 

injuring or destroying buildings, appliances or fittings for 

supplying light, .heat or water . 

Illuminating Oil. 

act to apply to oils used in what lamps . 

adulteration of forbidden . 

compounding, selling or offering below standard. 

dealer to submit for inspection and test, wher. . 

duty of miners to submit lamps and oil for inspection.... 

making and labeling required upon packages. 

other than standard, forbidden . 

sale of. when container does not bear proper label, for¬ 
bidden .•. 

standard of that to be kept in any mines. 

inspection, notice to be given . f . 

inspection, records of to be kept . 

inspection to be made how often . 

intoxicating liquor on mining premises forbidden. 

iron and steel needles to be used, when . 

landing places to be kept clean and open. 

light and fire not to be used, where . 

lights to be maintained on landings, when . 

lighted pipes and other fire not to be taken to under¬ 
ground stables or barns . 

machine men, duty of . 

machines not to be removed when . 

making electrical connections and disconnections. 

manner of firing blasts . 

Maps. 

annual surveys to be extended upon . 

copies of maps abandoned mines . 

copies to be furnished State Coal Mine Inspector. 

duties of operators to procure . 

extension survey to be entered upon and copies filed with 

inspector . 

of surfaces . 

of underground workings to show, what . 

open for examination in office of Coal Mine Inspector.... 

scale and requirements of . 

shall be delivered to the Coal Mine Inspector and shall be 

property of State . 

shall be made for each separate seam . 

to be made of maps before abandonment or indefinite 

closing .,. 

matches forbidden . 

measurements to be made weekly . 

Mine Examiner or Fire Boss. 

acting as such without certificate . 

applicants for examination, requirements of. 

daily reports by . 

duty of ..... 

inspection by ... 

must be employed in all mines generating dangerous gases 
other duties regarding standing gas, old workings and on 

Sundays . 

shall examine parts not being worked, when. 

temporary permits may be granted to whom by. 

to comeplete inspection when and warn men. 

Mine Foreman. 

acting as such without certificate . 

applicants for examination, requirements of .. 

mine foreman, certificate and qualification to be granted 
by whom . 


Section. Page. 
■(Continued.) 


47 

34 

47 

34 

68 

42 

68 

42 

65 

40 

65 

40 

91 

52 

100 

58 

100 

58 

100 

58 

100 

58 

82 

47 

93 

53 

44 

32 

94 

54 

94 

54 

94 

54 

94 

54 

94 

54 

94 

54 

94 

54 

94 

54 

94 

54 

5 

17 

5 

17 

5 

17 

88 

51 

81 

47 

47 

34 

76 

46 

90 

52 

86 

50 

84 

49 

84 

49 

85 

49 

82 

47 

42 

31 

43 

32 

41 

31 

37 

30 

42 

31 

40 

30 

36 

29 

41 

31 

37 

30 

41 

31 

39 

30 

43 

32 

77 

46 

59 

38 

36 

29 

34 

28 

74 

44 

74 

44 

74 

44 

74 

44 

74 

44 

74 

44 

36 

29 

74 

44 

36 

29 

34 

28 

30 

27 
































































INDEX. I03 


... ._ Section. Page. 

Mine Foreman.—(Continued.) 

certificate of compentency not to be issued to whom. 32 27 

certificate of qualification, meaning- and form of... . 30 27 

certificate of qualification without examination. 32 27 

duties regarding unsafe places. 73 43 

examination of . 29 26 

holding certificates from other states* V.V.V.V. . ! 33 28 

permission to act temporarily may be granted by whom.. 36 29 

qualification of . 34 27 

qualifications of substitute . 73 43 

returns to be made on black board by .,. 74 44 

shall inspect dangerous places before men erter. 74 44 

substitute to be appointed when . 73 43 

who shall be employed as such . !!... 73 43 

M iners. 

duty of in working places dangerous . 83 48 

number of employed before completion of escapements... 51 35 

qualification of . 101 59 

required to avoid waste . 83 48 

required to leave w’arning when and where . 83 48 

required to prop roof in working place and obey orders.. 83 48 

when not to be held guilty of violating Section 83. 83 48 

missed holes.. 82 47 

motormen, duties of . 85 49 

notice of signals to be posted by whom. !!!! 9 19 

notice when firing blasts . 82 47 

number of men permitted on cage or car. 91 52 

obstructions forbidden in crosscuts and main air ways.... 70 43 

operators employing uncertified mine foremen, mine ex¬ 
aminers or fire bosses . 36 29 

operators or oth?r coercing or intimidating persons to vio¬ 
late act . 103 60 

owners and others to furnish means of inspection. 55 36 

owner, operator or agent preventing miners from employ¬ 
ing check weighman .\. 45 33 

owners, operators and others refusing to permit inspection 12 20 

passage ways and places of escapement . 50 35 

passage ways around landing places . 48 34 

passage way to be graded and drained .,. 51 35 

passing dangerous signals, forbidden . 86 50 

penalties for violating provisions of the act. 103 60 

persons only where permitted the right of haulage trips.. 87 51 

person ordered out not to re-enter, when . 86 50 

places of egress, time in which to complete. 50 35 

place of refuge on hauling road . 68 42 

powder magazines, -where located . 54 36 

props, caps and timbers to be delivered, where. 67 42 

regulating all persons on cage or car . 91 52 

regulations and other things forbidden . 86 50 

rules regulating blasting and firing of shots. 82 47 

rope rider, duty of . 91 52 

safety appliances on cars, hoisting or lowering men. 91 52 

safety clutches on cages ....- .,. 47 34 

Safety Lamps. 

keys to be kept by whom . 77 46 

number to be furnished . 75 45 

property of the operator and to remain in custody of -whom 74 44 

to be cleaned, trimmed, filled and locked. 75 45 

to be furnished in mines producing firedamps. 75 45 

Secretary of State. 

shall furnish blank books, etc., to Beard of Examiners of 

applicants for State Coal Mine Inspector . 20 23 

shafts, equipments of ...47 34 

speed of cages . 91 52 

sign boards in passage ways and escapements. 52 35 

Stables. 

stables and stalls underground to be separate from main 

air courses . 65 40 

constructed after passage of act . .. v .. 65 40 

light used in . 65 40 

material used in construction . 65 40 

stables shall be constructed how . 65 40 

shall be kept clean .. 65 40 

ventilation of same . 65 40 

stairway . 55 36 




























































104 


INDEX. 


State Coal Mine Inspector. 

annual report to the Governor . 

appointment of . 

appointment from among whom . 

bond of . 

books which may be useci upon examination of . 

certificate of competency to be issued, when. 

charges for neglect of duty and investigation thereof. 

death, resignation or removal of . 

duty of in case of serious accidents . 

duties in comparing scales, weights and measures. 

duty of at Coroner’s inquest . 

duty of to inform prosecuting attorney of violation of act 

examinations of applicants for . 

examination papers to be filed with Secretary of State..,. 

examination of to be in writing . 

governor may re-appoint .. 

in case of incapacity person to be appointed temporarily., 
in case of death by explosion or other accident, duty to 

notify coroner .. 

instruments to be furnished to by the State . 

investigation in case of accidents . 

may order surveys to be made of abandoned mines, when 
may procure maps of extension of mines at cost of 

owner, when . 

not to be appointed if interested in any coal mine. 

notice must be given by mine operator of accidents, etc.. 

notice of inspection to be posted where . 

notice to be posted of number of men permitted to ride 

on cage or cars . 

office to be declared vacant, when . 

owner or employer may accompany inspector. 

powers and duties of ..i. 

powers in making investigation in case of accident. 

qualification of .i. 

salary of ... 

scope of examination of . 

shall be appointed from whom . 

shall call meeting of Board of Examiners, when. 

shall file complaint against operator, when. 

shall not be in employ of operator of mine. 

shall proceed against operator by injunction, when. 

shall test and approve scales, when. 

standard weights and measures to be furnished. 

surveys shall be made annually of ail extensions of work 

tamping, wood to be used in .,. 

things forbidden of cage when men are being hoisted.... 

timbers and supplies, amount required to be kept. 

top men, duties of . 

top and bottom man . 

traveling ways to be kept unobstructed .. 

underground connections between two or more mines. 

using false weights or adjusting scales fraudulently........ 

vacancy in office, how filed . 

Ventilation. 

conducted to what cross-cuts . 

air ways to be maintained . 

ample means of to be maintained . 

attendant at doors .. 

attendant upon fans .. 

cross-cuts to be made, where .... . 

door attendant, rules for .,. 

doors for, how to be hung and adjusted.. 

fans, furnaces and other means to be run, when. 

fire-damp ventilation required in mines, producing. 

one hundred fcubic feet per minute for mining, required.. 

over casts or air bridges, how constructed. 

pressure gauge to be provided, where . 

quantity required in each working place . 

records to be kept .,. 

separate currents of air to different numbers of men. 

when fans and other means to be ordered stopped. 

violation of the provisions of act . 

violations of provisions of act . 

wash house, how to be maintained . 

wash hpuse to be furnished by operator and owner. 

wash house to be situated where . 

weighman, oath of . 

weights and measures, duties and powers of . 


Section. 

6 

2 

23 

18 

4 

16 

16 

13 
9 

97 
10 

98 

45 
16 
16 
16 
25 

9 

98 

7 
97 
47 

42 

18 

96 

8 

8 

14 

5 

5 

97 
3 

. 4 

16 
18 
32 
103 

6 

103 

10 

11 

42 

82 

91 

67 

85 

88 

70 

50 

46 
16 


62 

69 

59 

64 

63 
62 

64 
64 

63 

59 

58 

64 

60 

59 
59 
61 
63 
36 

103 

44 

44 

44 

44 

10 


Page. 

18 

16 

25 

23 

17 
22 
22 
21 
19 

56 
19 

57 

33 
22 
22 
22 
25 

19 

57 

18 
56 

34 

31 

23 

56 

18 

18 

21 

17 

17 

56 

16 

17 
22 

20 
27 
60 

18 
60 

19 

20 
81 
47 
52 

42 
49 
51 

43 

35 
33 
22 


39 
42 

38 

40 

39 

39 

40 
40 

39 
38 
38 

40 
38 
38 

38 

39 
39 
29 
60 
32 
32 
32 
32 
19 



































































INDEX. 


K>5 


CODE OF SIGNALS . 

COMPANY STORES—Payment 
violation of Act, 'penalty 
DEPUTY INSPECTOR OF 

duties, salary . 

EIGHT HOUR LAW 

miners . 

smeltermen .’ ’ ’ .1736, 

penalties . ..,.1737, 


m script prohibited. 
M IN ES—Appointment... 
-Hoisting- engineers . 


Section. 
1712, 1799 


EXEMPTIONS FROM EXECUTIONS—Miners, etc’ 
EXPLOSIVES—Regulation of sale 

storage in cities .’ ‘ * ] 

storage in mines .. 

penalties .‘ ’ * | ’ 

EXTORTION BY FOREMAN . 

FELLOW SERVANT LAW . 

FIXTURES TO MINES .. 

FOREMEN—Extortion by . 

witnesses immune .\ .......... 

INSPECTOR OF QUARTZ MINES— 

accidents, duties .. 

annual inspection . ’ 

annual report .. ..." 

appointment . . 

bond . ............ 

duties ..., .. 

preparation of code of signals .. . . . . . . . . . . 

salary . 

what mines to be inspected . . 

MECHANICS’ LIENS—On mining property . 

MINERS—Protection to . . 

escapement shaft .. 

maintaining building near mouth of shaft_ 

running cage at excessive speed . 

safety cages . 

stoping near shaft prohibited . 

to what mines Act. applicable .. 

violation of Act, penalties . 

MINES—-Fraud in selling .. 

Quartz Mines. 

chutes, man-ways and winzes, 
duty of owner and operators .... 
duty of owners to furnish toilet 

employes . 

duty of owner to provide ventilation, when . 

hours of labor for underground min. rs . 

misdemeanors, operators of quartz mines violating 

sions of act ... 

underground stables, regulations ■ of . 

ventilation to be furnished, when . 

verticle man-ways and openings used for traveling- 

poses, regulations concerning . 

MINING CLAIMS—Amended declaratory statement .... 

amended locations . 

defective location, good as against third person.... 

discovery, requirements. . 

effect ot patent . 

location notice, record .*. 

Mill sites . 

official survey, certificate . 

state lands, (see State Mineral Lands.) 

relocation . 

relocation by owner . 

relocation, not w^aiver 
representation work . . 
rights of relocator .... 

MINING PARTNERSHIPS 
express agreement not 

how bound . 

liens of partners . 

majority of shares govern ... 
mine, partnership pioperty ... 
profits and losses, how shared 
purchaser takes subject to lier 
sale of interest, effect . 


1735, 


1744 

745 

1712 

1712 

1734 

1739 

1739 

1738 


protection of. 

and sanitary places 


provi- 


pur 


■if rights 


-Definition 

necessary 


Page. 
30, 57 

71 

72 
3 
3 

64 

65 
65 
65 



97 


13 


13 


13 


14 


44 


43 


73 


70 


70 


5 


5 


6 


3 


6 


4, 5 


7 


•» 

O 


6 


98 


10, 12 


11 


11 


11 


10 


11 


12 

8510 

11 

8692 

98 

3 

15 

1 

14 

>r 


2 

15 

1 

14 

1 

14 

4 

15 

•) 

15 

1 

14 

3 

15 

2296 

78 

,.2288, 2295 

76, 77 

2293 

7 7 

. 228o 

73 

2294 

77 

2284 

74 

2285 

75 

3616 

79 

2286 

75 

2289 

76 

2290 

76 

3614 

78 

2287 

76 

5535 

96 

5536 

96 

5543 

97 

. 5538 

96 

5544 

97 

5539 

96 

5537 

96 

. 5541, 5542 

97 

5540 

97 











































































INDEX. 


X 


106 


NOTICES—Destroying prohibited . 

PERSONAL INJURIES . . 

PROTECTING MINING SHAFT IN CITY. 

SAFETY CAGES—How constructed .. 

STATE MINERAL LANDS—Coal lands, what deemed 

location of mining claims . 

proof of mineral character . . 

rental of coal lands .,. 

sale, reservation of. coal, etc. 

valuable for stone . 

WATER RIGHTS—-Appropriations . 

appropriation, failure to comply with law . 

appropriation from adjudicated streams . 

appropriation subject to prior decrees . 

dams, construction . 

dams, right to construct . 

declaration notice, record . 

diligence in appropriating . 

effect of decree .. 

first in time, first in right . 

highways to be protected . 

measurement of water ... 

miners’ inch . 

notice of appropriation .. 

owners may sell surplus . 

point of diversion may be changed . 

recapture of water .•’. 

record of declaration . 

record, prima facie evidence .,. 

rights settled in one action . 

surplus, enforcement of right to . 

purchaser cannot sell . 

purchaser to dig ditches . 

to be returned to stream . 

survey of ditches . 


Section. 

Page. 


8759 


99 

. .5246, 

5250 

69, 

70 


8535 


9 


8536 


11 


23 


80 


71 


81 


72 


82 


70 


80 


34 


80 


73 


82 

. 4840, 

4841 


84 

4849 


86 

. .4880, 

4871 

92, 

95 

. .4868. 

4870 

92, 

95 

. .4864, 

4865 

89, 

90 


4857 


87 


4853 


87 


4848 


86 


4867 


91 


4845 


85 

. 4858, 

4859 


88 

4854 


87 


4855 


87 


4847 


85 


4860 


88 


4842 


84 


4843 


84 


4850 


86 


4851 


86 


4852 


86 


4862 


89 


4863 


89 


4861 


89 


4844 


84 


4866 


90 


LC 0 12 












































































- 









































































































































































































































































































































































































































